0001144204-17-043872 Sample Contracts

SEVENTEENTH AMENDMENT and WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • August 17th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This SEVENTEENTH AMENDMENT AND WAIVER TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of August 11, 2017 (the “Amendment Closing Date”) by and among Bacterin International, Inc., a Nevada corporation (the “Borrower”), ROS acquisition offshore lp, a Cayman Islands Exempted Limited Partnership (“ROS”), ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (“Royalty Opportunities”), and, in their capacity as Guarantors under the Credit Agreement (as defined below), XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”), X-SPINE SYSTEMS, INC., an Ohio corporation (“X-Spine” or the “Additional Delayed Draw Borrower” and, together with the Borrower, the “Borrowers”) and XTANT MEDICAL, INC., a Delaware corporation (“Xtant” and, along with Holdings and X-Spine, collectively, the “Guarantors”).

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AMENDMENT AND WAIVER
Amendment and Waiver • August 17th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York

This AMENDMENT AND WAIVER (this “Amendment and Waiver”) is made and entered into as of August 15, 2017 by XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (the “Company”), ROS acquisition offshore lp, a Cayman Islands Exempted Limited Partnership (“ROS”) and ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (“Royalty Opportunities” and, together with ROS, collectively, the “Holders”).

XTANT MEDICAL HOLDINGS, INC. (formerly known as Bacterin International Holdings, Inc.) AMENDMENT NUMBER 1 TO INDENTURE Dated as of August 16, 2017 WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee
Indenture • August 17th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances)

THIS AMENDMENT NUMBER 1 TO INDENTURE (this “Amendment”), dated as of August 16, 2017, is between Xtant Medical Holdings, Inc., a Delaware corporation formerly known as Bacterin International Holdings, Inc. (the “Company”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”).

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