PURCHASE AGREEMENTPurchase Agreement • December 3rd, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus • New York
PURCHASE AGREEMENT (the “Agreement”), dated as of December 3, 2013, by and between BAXANO SURGICAL, INC., a Delaware corporation, (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 3rd, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of December 3, 2013 and is entered into by and between BAXANO SURGICAL, INC., a Delaware corporation (“Borrower”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Lender”).
ContractWarrant Agreement • December 3rd, 2013 • Baxano Surgical, Inc. • Surgical & medical instruments & apparatus • California
THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR, SUBJECT TO SECTION 11 HEREOF, AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
