0001193125-12-218614 Sample Contracts

SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on the 26th day of February, 2012 (the “Effective Date”), by and between Alphatec Holdings, Inc., Alphatec Spine, Inc. (collectively, each of Alphatec Holdings, Inc. and Alphatec Spine, Inc. shall be referred to as the “Company”), a Delaware corporation, and Dirk Kuyper (the “Executive”) (hereinafter collectively referred to as the “parties”).

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EMPLOYMENT AGREEMENT
Employment Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

THIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 26th day of February, 2012 (the “Effective Date”), is entered into among Leslie Cross (“Executive”), Alphatec Spine, Inc., a California corporation (“ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the “Company”).

FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

THIS FOURTH AMENDMENT to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of February 26th 2012, 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.

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