UNDERWRITING AGREEMENTUnderwriting Agreement • October 3rd, 2006 • Lemaitre Vascular Inc • Surgical & medical instruments & apparatus • New York
LeMaitre Vascular, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of shares (the “Firm Shares”) and, at the election of the Underwriters, up to additional shares (the “Optional Shares”) of Common Stock, par value $0.01 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
As of September 25, 2006 LeMaitre Vascular, Inc.Lemaitre Vascular Inc • October 3rd, 2006 • Surgical & medical instruments & apparatus
SECURITY AGREEMENTSecurity Agreement • October 3rd, 2006 • Lemaitre Vascular Inc • Surgical & medical instruments & apparatus • Massachusetts
This AGREEMENT is made as of March 29, 2001 by VASCUTECH ACQUISITION LLC with its chief place of business at 164 Middlesex Turnpike, Burlington, Massachusetts 01803 (the “Guarantor”) in favor of BROWN BROTHERS HARRIMAN & CO. with its office at 40 Water Street, Boston, Massachusetts 02109 (the “Secured Party”).
As of September 25, 2006Lemaitre Vascular Inc • October 3rd, 2006 • Surgical & medical instruments & apparatus
TIME NOTE (SECURED)Time Note • October 3rd, 2006 • Lemaitre Vascular Inc • Surgical & medical instruments & apparatus
FOR VALUE RECEIVED, the undersigned LeMaitre Vascular, Inc. (the “Borrower”), hereby promises to pay to the order of Brown Brothers Harriman & Co. (the “Bank”) the principal amount of Two Million Five Hundred Thousand and 00/100 ($2,500,000.00) Dollars or such other principal amount as may be outstanding from time to time in the aggregate hereunder (“Principal”), with interest, at the rate hereinafter set forth, on the daily balance of all unpaid Principal, from the date hereof until payment in full of all Principal and interest hereunder. Terms not otherwise defined herein shall have the means prescribed to them in the Revolving Loan and Security Agreement and the Term Loan Agreement (each as defined below).
