0001193125-09-145012 Sample Contracts

ALPHATEC SPINE, INC. SALES AGENCY AGREEMENT
Sales Agency Agreement • July 7th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Sales Agency Agreement (the “Agreement”) is between Alphatec Spine, Inc., a California corporation (the “Company”) and SS Fusion Medical, Inc. (Employer Identification Number # #20-8118794) (hereinafter referred to as “Sales Agent”) is made as of January 2, 2008 (the “Effective Date”).

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AMENDMENT TO EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • July 7th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Amendment to the License and Supply Agreement (this “Amendment”) is made as of January 14, 2008 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”). Capitalized terms undefined herein shall have the meaning ascribed them in the Agreement.

SECOND AMENDMENT TO EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • July 7th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Second Amendment to the License and Supply Agreement (this “Amendment”) is made as of January 12, 2009 by and among Alphatec Spine, Inc., a Delaware corporation with a principal place of business at 5818 El Camino Real, 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 Alphatec Holdings, Inc., a Delaware corporation with a principal place of business at 5818 El Camino Real, Carlsbad, California 92008 (“Holdings”). Capitalized terms undefined herein shall have the meaning ascribed them in the Agreement.

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