SUBSCRIPTION, SALE AND PURCHASE AGREEMENTSubscription, Sale and Purchase Agreement • May 8th, 2012 • NxStage Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York
This Subscription, Sale and Purchase Agreement, dated as of May 4, 2012, is made and entered into by and between NxStage Medical, Inc., a Delaware corporation (the “Company”), and Asahi Kasei Medical Co., Ltd. (formerly known as Asahi Kasei Kuraray Medical Co., Ltd.), a corporation organized and existing under the laws of Japan (the “Purchaser”). The Company and the Purchaser are collectively referred to as the “parties.”
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 8th, 2012 • NxStage Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 4, 2012, by and between NxStage Medical, Inc., a Delaware corporation (the “Company”), and Asahi Kasei Medical Co., Ltd. (“Asahi”), a corporation organized and existing under the laws of Japan (“Asahi”).
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • May 8th, 2012 • NxStage Medical, Inc. • Electromedical & electrotherapeutic apparatus
This Second Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of May 7, 2012, with an effective date as of April 1, 2012 (the “Second Loan Modification Effective Date”), by and between (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and ((ii) NXSTAGE MEDICAL, INC., a Delaware corporation (“NxStage”), EIR MEDICAL, INC., a Massachusetts corporation (“EIR”), MEDISYSTEMS CORPORATION, a Washington corporation (“Medisystems”), each with offices located at 439 South Union Street, 5th Floor, Lawrence, Massachusetts 01843, and MEDISYSTEMS SERVICES CORPORATION, a Nevada corporation, (“Services”), with offices located at 101 Convention Center Drive, Suite 850, Las Vegas, Nevada 89101 (NxStage, EIR, Medisystems and Services are individually and collectively, jointly and severally, the “Borrower”).
