AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 4th, 2011 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on the 1st day of January, 2011, by and between Alphatec Holdings, Inc. (the “Company”), a Delaware corporation, and Dirk Kuyper (the “Executive”) (hereinafter collectively referred to as the “parties”).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 4th, 2011 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
THIS FIRST AMENDMENT to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of January 31, 2011, by and between SILICON VALLEY BANK (“Bank”) 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”) whose address is 5818 El Camino Real, Carlsbad, California 92008.
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 4th, 2011 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 29, 2010 (the “Effective Date”) between SILICON VALLEY BANK (“Bank”), 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 Amended and Restated Loan and Security Agreement by and between Bank, as Collateral Agent, Bank identified therein, and Borrowers, dated as of March 26, 2010, as amended from time to time (the “Original Agreement”), and provides the terms on which Bank shall lend to Borrowers and Borrowers shall repay Bank. The parties agree as follows:
FIFTH AMENDMENT TO EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • March 4th, 2011 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This Fifth Amendment to Exclusive License Agreement (this “Fifth Amendment”) is made as of November 30, 2010 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 for purposes of Section 7.2 and Section 11.15 thereof 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 (as hereinafter defined).
