SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 27th, 2021 • SANUWAVE Health, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 20, 2021 between Sanuwave Health, Inc., a corporation organized under the laws of Nevada (the “Company”), and the purchaser identified on the signature pages hereto (including its successors and assigns, a “Purchaser”).
ContractSANUWAVE Health, Inc. • April 27th, 2021 • Surgical & medical instruments & apparatus • New York
THE INDEBTEDNESS EVIDENCED BY THIS NOTE (AS DEFINED BELOW) IS SUBORDINATE TO THE INDEBTEDNESS OF SANUWAVE HEALTH, INC. (OR ANY SUCCESSOR THERETO) TO NH EXPANSION CREDIT FUND HOLDINGS LP, TO THE EXTENT AND PURSUANT TO THE TERMS OF THAT CERTAIN SUBORDINATION AGREEMENT, DATED AS OF APRIL 20, 2021, BY AND BETWEEN NH EXPANSION CREDIT FUND HOLDINGS LP AND LEVISTON RESOURCES, LLC, AS AMENDED, RESTATED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME (OR ANY SUCCESSOR AGREEMENT WHICH REPLACES AND REFERENCES SUCH AGREEMENT).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 27th, 2021 • SANUWAVE Health, Inc. • Surgical & medical instruments & apparatus • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of April _20, 2021 (the “Closing Date”), by and among Sanuwave Health, Inc., a Nevada corporation (the “Company”), and the lender identified on the signature pages hereto (including its successors and assigns, the “Lender”).
COMMON STOCK PURCHASE WARRANT SANUWAVE HEALTH, INC.Common Stock Purchase Warrant • April 27th, 2021 • SANUWAVE Health, Inc. • Surgical & medical instruments & apparatus • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, SPV 27 Capital or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on April 20, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Sanuwave Health, Inc., a company incorporated under the laws of the State of Nevada (the “Company”), up to 16,666,667 Shares (as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SUBORDINATION AGREEMENTSubordination Agreement • April 27th, 2021 • SANUWAVE Health, Inc. • Surgical & medical instruments & apparatus
This SUBORDINATION AGREEMENT, dated as of April 20, 2021, is between Leviston Resources, LLC, a Delaware limited liability company (“Creditor”), and NH EXPANSION CREDIT FUND HOLDINGS LP (“North Haven Expansion”), as agent for the Holders (as hereafter defined; in such capacity, together with its successors or permitted assigns, “Agent”).
