CREDIT AGREEMENT Dated as of January 18, 2007 among KYPHON INC., and CERTAIN SUBSIDIARIES, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and The Other Lenders Party Hereto BANC OF AMERICA SECURITIES...Credit Agreement • January 24th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of January 18, 2007, among KYPHON INC., a Delaware corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.15 (each a “Designated Borrower”) and, together with the Company, the “Borrowers” and, each a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
AGREEMENT AND PLAN OF MERGER BY AND AMONG KYPHON INC. NEPTUNE ACQUISITION SUB, INC. AND ST. FRANCIS MEDICAL TECHNOLOGIES, INC. AND WITH RESPECT TO ARTICLE VII ONLY PHILIP M. YOUNG AS STOCKHOLDERS’ REPRESENTATIVE Dated as of December 4, 2006Merger Agreement • January 24th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • California
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of December 4, 2006, by and among Kyphon Inc., a Delaware corporation (“Parent”), Neptune Acquisition Sub, Inc., a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and St. Francis Medical Technologies, Inc., a Delaware corporation (the “Company”), and with respect to Article VII only, Philip M. Young, as Stockholders’ Representative.
