AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 26, 2010 (the “Effective Date”) between SILICON VALLEY BANK (“Bank”), as collateral agent (the “Collateral Agent”), Bank, as a lender, and OXFORD FINANCE CORPORATION (“Oxford”; each, of Bank and Oxford are sometimes individually referred to as a “Lender” and collectively, as the “Lenders”), and ALPHATEC SPINE, INC., a California corporation (“Alphatec”) and ALPHATEC HOLDINGS, INC., a Delaware corporation (“Parent” and together with Alphatec, each a “Borrower” and collectively, “Borrowers”), amends and restates the terms of that certain Loan and Security Agreement by and between Collateral Agent, Lenders and Borrower, dated as of December 5, 2008, as amended from time to time (the “Original Agreement”), and provides the terms on which Lenders shall lend to Borrowers and Borrowers shall repay Lender. The parties agree as follows:
UNCONDITIONAL GUARANTYUnconditional Guaranty • May 10th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This continuing Unconditional Guaranty (“Guaranty”) is entered into as of March 26, 2010, by ALPHATEC HOLDINGS, INC., a Delaware corporation (“Guarantor”), in favor of Oxford Finance Corporation (“Lender”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Florida
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 29, 2009 (the “Closing Date”) between OXFORD FINANCE CORPORATION, a Delaware corporation (“Lender”), and SCIENT’X USA, INC., a Florida corporation (“Borrower”), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of March 26, 2010, by and among, OXFORD FINANCE CORPORATION (“Lender”) and SCIENT’X USA, INC., a Florida corporation (“Borrower”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 26th day of March, 2010 (the “Effective Date”), is entered into among Oliver Burckhardt (“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”).
