ContractWarrant Agreement • March 5th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
AMENDED LICENSE AGREEMENTLicense Agreement • March 5th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS LICENSE AGREEMENT (“License Agreement”) is made and entered into as of this 30th day of December, 2011 (the “Effective Date”), by Alphatec Spine, Inc. (“Alphatec” or “Licensee”), on the one hand, and Cross Medical Products, LLC (“Cross”), on the other hand. Alphatec and Cross are each individually referred to herein as a “Party,” and collectively as the “Parties.”
SETTLEMENT AGREEMENT AND GENERAL RELEASESettlement Agreement • March 5th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS SETTLEMENT AGREEMENT (including Exhibits A and B, the “Settlement Agreement”) is made and entered into as of this 30th day of December, 2011 (the “Effective Date”), by Alphatec Spine, Inc. (“Alphatec”), on the one hand, and Cross Medical Products, LLC (“Cross”) and EBI, LLC (“EBI”), on the other hand. Alphatec, Cross, and EBI are each individually referred to herein as a “Party,” and collectively as the “Parties.”
THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 5th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
THIS THIRD AMENDMENT to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of December 16, 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.
FIRST AMENDMENT TO THE CONSULTING AGREEMENTConsulting Agreement • March 5th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This First Amendment to the Consulting Agreement (this “Amendment”) between Stephen H. Hochschuler, M.D. (the “Consultant”), having an address set forth on the signature page hereof, Alphatec Spine Inc., (“Spine”), a California corporation having a principal place of business at 5818 El Camino Real, Carlsbad, CA 92008, and Alphatec Holdings, Inc. (“Holdings”), a Delaware corporation having a principal place of business at 5818 El Camino Real, Carlsbad, CA 92008 (collectively, Spine and Holdings shall be referred to as the “Company”), is made effective as of October 1, 2011 (the “Amendment Effective Date”).
