ASSET PURCHASE AGREEMENT (Non-Vertebroplasty Assets) dated as of December 20, 2006 by and among DISC-O-TECH MEDICAL TECHNOLOGIES LTD. (IN LIQUIDATION) DISCOTECH ORTHOPEDIC TECHNOLOGIES INC. and KYPHON INC. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN...Asset Purchase Agreement • February 28th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
This Asset Purchase Agreement, dated as of December 20, 2006 (this "Agreement"), is by and among Kyphon Inc., a Delaware corporation (the "Purchaser"), on the one hand, and Disc-O-Tech Medical Technologies Ltd., an Israeli company (in liquidation) (the "Company") and Discotech Orthopedic Technologies Inc., a Delaware corporation and wholly owned subsidiary of the Company (the "Subsidiary" and, together with the Company, the "Seller Parties"), on the other hand.
KYPHON Inc. 2002 STOCK PLAN STOCK PURCHASE RIGHT GRANT NOTICE AND RESTRICTED STOCK PURCHASE AGREEMENTRestricted Stock Purchase Agreement • February 28th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • California
Kyphon Inc., a Delaware corporation, (the "Company"), pursuant to its 2002 Stock Plan, as amended from time to time (the "Plan"), hereby grants to the individual listed below ("Participant") the right to purchase the number of shares of the Company's Common Stock set forth below (the "Shares") at the purchase price set forth below (the "Stock Purchase Right"). This Stock Purchase Right is subject to all of the terms and conditions set forth herein and in the Restricted Stock Purchase Agreement attached hereto as Exhibit A (the "Restricted Stock Agreement") (including without limitation the Restrictions on the Shares set forth in the Restricted Stock Agreement) and the Plan, each of which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Restricted Stock Agreement.
