0001193125-08-058843 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), made this 17th day of July, 2006 (the “Commencement Date”), is entered into among Ebun S. Garner. Esq. (“Executive”), Alphatec Spine, Inc., a California corporation (the “ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the “Company”).

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ALPHATEC SPINE, INC. SALES AGENCY AGREEMENT
Sales Agency Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Sales Agency Agreement (the “Agreement”) is between Alphatec Spine, Inc., a California corporation (the “Company”) and Western Spine, Inc., a Nevada corporation (Employer Identification Number ) (hereinafter referred to as “Sales Agent”) is made as of February 1, 2007 (the “Effective Date”).

EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

This Exclusive License Agreement (this “Agreement”) is made effective as of December 18, 2007 (the “Effective Date”) by and among Alphatec Spine, Inc., a Delaware corporation with a principal place of business at 2051 Palomar Airport Road, Suite 100, Carlsbad, California 92008 (“Licensee”), Progressive Spinal Technologies LLC, a limited liability company organized under the laws of the state of Delaware, with an address at 410 East Walnut Street, Suite #8, Perkasie, Pennsylvania 18944 (“Licensor”) and for purposes of Section 7.2 and Section 11.15 hereof only Alphatec Holdings, Inc., a Delaware corporation with a principal place of business at 2051 Palomar Airport Road, Suite 100, Carlsbad, California 92008 (“Holdings”). Licensee and Licensor are each hereafter referred to individually as a “Party” and together as the “Parties”.

EMPLOYMENT AGREEMENT
Employment Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 13th day of August, 2007 (the “Effective Date”), is entered into among Kermit P. Stott (“Executive”), Alphatec Spine, Inc., a California corporation (the “ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the “Company”).

SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
Settlement Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

This Settlement Agreement and Mutual General Release (this “Agreement”) is entered into by and among Ronald G. Hiscock (“Hiscock”), Alphatec Holdings, Inc., a Delaware corporation (“AHI”), and Alphatec Spine, Inc., a California corporation (“ASI”). Collectively, AHI and ASI and their respective subsidiaries and affiliates shall be referred to herein as “Alphatec”, and collectively Hiscock and Alphatec shall be referred to herein as the “Parties” and individually as a “Party”.

SEPARATION AND RELEASE AGREEMENT
Confidential Treatment • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

The purpose of this letter agreement (the “Agreement”) is to set forth the terms of your separation from Alphatec Spine, Inc. and Alphatec Holdings, Inc. (collectively, the “Company”). Payment of the Separation Pay described below is contingent on your agreement to and compliance with the terms of this Agreement. Neither this offer to you nor the Company’s entering into this Agreement shall constitute an admission by the Company and this letter shall be construed as an offer of compromise.

SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
Settlement Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

This Settlement Agreement and Mutual General Release (this “Agreement”) is entered into by and among Vicky A. Romanoski (“Romanoski”), Alphatec Holdings, Inc., a Delaware corporation (“AHI”), and Alphatec Spine, Inc., a California corporation (“ASI”). Collectively, AHI and ASI and their respective subsidiaries and affiliates shall be referred to herein as “Alphatec”, and collectively Romanoski and Alphatec shall be referred to herein as the “Parties” and individually as a “Party”.

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