Standard Contracts
ContractWarrant Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic 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 AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
INDEMNIFICATION AGREEMENTIndemnification Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus • Delaware
This Indemnification Agreement (“Agreement”) is made as of , 2014 by and between Ulthera, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
ContractManufacturing Services Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus • Florida
[***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
MANUFACTURING AGREEMENTManufacturing Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus • Delaware
This Manufacturing Agreement (this “Agreement”) is made as of January 2nd, 2014 (the “Effective Date”), by and between BIT Group Inc., a California corporation, with offices located at 15870 Bernardo Center Drive, San Diego, CA 92127 (“BIT”), and Ulthera, Inc., a Delaware corporation, with offices located at 1840 S. Stapley Dr., Ste. 200, Mesa, AZ 85204 (“Client”). Individually, BIT and Client may be referred to herein as a “Party” and collectively as “Parties”.
ContractManufacturing Services Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus
[***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus • Delaware
This SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (the “Agreement”), dated as of January 25, 2011, is entered into by and among Ulthera, Inc., a Delaware corporation (the “Company”), and the stockholders listed under the heading “Stockholders” on the signature pages hereto, and any other stockholder who from time to time becomes a party to this Agreement by execution of a Joinder Agreement in substantially the form attached hereto as Exhibit A (each, a “Stockholder” and collectively, the “Stockholders”).
STOCKHOLDERS AGREEMENTStockholders Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus • Delaware
This STOCKHOLDERS AGREEMENT (the “Agreement”), dated as of January 25, 2011, is entered into by and among Ulthera, Inc., a Delaware corporation (the “Company”), the stockholders listed under the heading “Investors” on the signature pages hereto (the “Investors”), each of the individuals identified as an Employee Stockholder on Exhibit A-1 (and any other stockholder who from time to time becomes a party to this Agreement as an Employee Stockholder by execution of a Joinder Agreement in substantially the form attached hereto as Exhibit B-1 (each, an “Employee Stockholder”)) and each of the individuals identified as an Other Major Stockholder on Exhibit A-2 (and any other stockholder who from time to time becomes a party to this Agreement as an Other Major Stockholder by execution of a Joinder Agreement in substantially the form attached hereto as Exhibit B-2 (each, an “Other Major Stockholder,” and together with the Employee Stockholders collectively, the “Key Holders,” and together with
ULTHERA, Inc. JAMES G. ATKINSON EMPLOYMENT AGREEMENTEmployment Agreement • April 21st, 2014 • Ulthera Inc • Electromedical & electrotherapeutic apparatus • Arizona
This Agreement is entered into effective as of October 2, 2006, (the “Effective Date” and also the “Vesting Commencement Date”) by and between Ulthera, Inc., a Delaware corporation, (the “Company”), and James G. Atkinson (“Executive”).
