CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED AT THE APPROPRIATE PLACES WITH FIVE ASTERISKS [*****], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL, AND (II) THE TYPE THAT THE COMPANY TREATS AS PRIVATE AND CONFIDENTIALTransition Agreement • April 30th, 2024 • Trinity Biotech PLC • In vitro & in vivo diagnostic substances • New York
TRANSITION AGREEMENT (this “Agreement”), dated as of December 20, 2023, among Bayer Healthcare LLC, a Delaware limited liability company (“Bayer”), WaveForm Technologies, Inc. a Delaware corporation (“WaveForm”), and TRIB Biosensors Inc., a Delaware corporation (“Trinity”).
INVESTOR SUBORDINATION AGREEMENTInvestor Subordination Agreement • April 30th, 2024 • Trinity Biotech PLC • In vitro & in vivo diagnostic substances • New York
THIS SUBORDINATION AGREEMENT (this “Agreement”) is entered into as of May 3, 2022, by and among MICO IVD HOLDINGS, LLC, as Subordinated Lender party to the Junior Convertible Note described below (including its successors and assigns in such capacity from time to time, the “Subordinated Lender”) and PERCEPTIVE CREDIT HOLDINGS III, LP, as agent for the Senior Lenders party to the Senior Credit Agreement described below (including its successors and assigns in such capacity from time to time, the “Senior Agent”).
WARRANT TO PURCHASE AMERICAN DEPOSITARY SHARES REPRESENTED BY AMERICAN DEPOSITARY RECEIPTS TRINITY BIOTECH PLCTrinity Biotech PLC • April 30th, 2024 • In vitro & in vivo diagnostic substances • New York
This Warrant is issued pursuant to that certain Credit Agreement and Guaranty dated as of December 15, 2021 (the “Credit Agreement”) by and among Trinity Biotech, Inc., a Delaware corporation (“U.S. Holdings”), Fitzgerald Industries International, Inc., a Delaware corporation (“U.S. Fitzgerald”), Clark Laboratories, Inc. (d/b/a as Trinity Biotech (USA)), a New York corporation (“U.S. Clark”), MarDx Diagnostics, Inc., a California corporation (“U.S. MarDx”), Biopool U.S., Inc., a Delaware corporation (d/b/a Trinity Biotech Distribution) (“U.S. Biopool”), Primus Corporation, a Missouri corporation (“U.S. Primus”), IMMCO Diagnostics, Inc., a Delaware corporation (“U.S. Immco” and together with U.S. Holdings, U.S. Fitzgerald, U.S. Clark, U.S. Mardx, U.S. Biopool and U.S. Primus, each a “Borrower” and collectively, the “Borrowers”), certain guarantors party thereto from time to time, the lenders from time to time party thereto, and Perceptive Credit Holdings III, LP, as administrative agent
WARRANT TO PURCHASE AMERICAN DEPOSITARY SHARES REPRESENTED BY AMERICAN DEPOSITARY RECEIPTS TRINITY BIOTECH PLCCredit Agreement • April 30th, 2024 • Trinity Biotech PLC • In vitro & in vivo diagnostic substances • New York
This Warrant is issued pursuant to that certain Second Amended and Restated Credit Agreement and Guaranty dated as of January 30, 2024 (the “Credit Agreement”) by and among Trinity Biotech, Inc., a Delaware corporation (“U.S. Holdings”), Fitzgerald Industries International, Inc., a Delaware corporation (“U.S. Fitzgerald”), Clark Laboratories, Inc. (d/b/a as Trinity Biotech (USA)), a New York corporation (“U.S. Clark”), MarDx Diagnostics, Inc., a California corporation (“U.S. MarDx”), Biopool U.S., Inc., a Delaware corporation (d/b/a Trinity Biotech Distribution) (“U.S. Biopool”), Primus Corporation, a Missouri corporation (“U.S. Primus”), IMMCO Diagnostics, Inc., a Delaware corporation (“U.S. Immco”), TRIB Biosensors Inc., a Delaware corporation (“U.S. TRIB” and together with U.S. Holdings, U.S. Fitzgerald, U.S. Clark, U.S. Mardx, U.S. Biopool, U.S. Primus and U.S. Immco, each a “Borrower” and collectively, the “Borrowers”), certain guarantors party thereto from time to time, the lende
