FORBEARANCE AGREEMENTForbearance Agreement • March 14th, 2023 • Accelerate Diagnostics, Inc • Laboratory analytical instruments • New York
This Forbearance Agreement, dated as of March 9, 2023 (this “Agreement”), is entered into by and among (i) Accelerate Diagnostics, Inc., a Delaware corporation (the “Company”), (ii) Indaba Capital Management, L.P. (together with its affiliates, “Indaba”), (iii) Chicago Venture Partners, LP (“CVP”), (iv) RBC CMA LLC (“RBC”), (v) Penderfund Capital Management Ltd. (“Penderfund”), (vi) Wolverine Flagship Fund Trading Limited (“Wolverine”) and (vii) U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, a national banking association, not in its individual capacity, but solely as trustee (the “Trustee”) under that certain Indenture, dated as of March 27, 2018 (the “Indenture”) by and between the Company, as issuer, and the Trustee, and (v) any other owner of the Notes (as defined below) who executes a joinder to this Agreement substantially in the form attached hereto as Exhibit A (a “Joinder” and each such joining party, a “Joinder Party
