INDEMNIFICATION AGREEMENTIndemnification Agreement • September 30th, 2014 • Endostim, Inc. • Electromedical & electrotherapeutic apparatus • Delaware
This Indemnification Agreement (this “Agreement”), dated as this day of , 2014 is made by and between EndoStim, Inc., a Delaware corporation (the “Corporation”) and (the “Indemnitee”).
] Shares ENDOSTIM, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 30th, 2014 • Endostim, Inc. • Electromedical & electrotherapeutic apparatus • New York
EndoStim, Inc., a Delaware corporation (the “Company”), confirms its agreement with Wedbush Securities Inc. (“Wedbush”) and each of the other Underwriters named in Schedule I hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 9 hereof), for whom Wedbush is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.001 per share, of the Company (“Common Stock”) set forth in Schedule I hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2 hereof to purchase all or any part of [ ] additional shares of Common Stock. The aforesaid [ ] shares of Common Stock (the “Firm Stock”) to be purchased by the Underwriters and all or any part of the [ ] sh
ENDOSTIM, INC. THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT June 25, 2014Investors’ Rights Agreement • September 30th, 2014 • Endostim, Inc. • Electromedical & electrotherapeutic apparatus • Delaware
This Third Amended and Restated Investors’ Rights Agreement (this “Agreement”) is dated as of June 25, 2014, and is between EndoStim, Inc., a Delaware corporation (the “Company”), the individuals and entities listed on Exhibit A (each, a Series C Investor,” and collectively, the “Series C Investors”), the individuals and entities listed on Exhibit B (each, a Series B-1 Investor,” and collectively, the “Series B-1 Investors”), the individuals and entities listed on Exhibit C (each, a Series B Investor,” and collectively, the “Series B Investors”), and the individuals and entities listed on Exhibit D (each, a “2014 Bridge Investor,” and collectively, the “2014 Bridge Investors”) (the Series C Investors, Series B-1 Investors, Series B Investors and 2014 Bridge Investors each, an “Investor,” and collectively, the “Investors”). This Agreement, upon receiving the approval of the Requisite Holders (as defined below), amends and restates in its entirety that certain Second Amended and Restated
RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • September 30th, 2014 • Endostim, Inc. • Electromedical & electrotherapeutic apparatus • Missouri
THIS RESTRICTED STOCK AGREEMENT (this “Agreement”) is made as of this 25th day of May, 2010 (the “Effective Date”) by and between EndoStim, Inc., a Delaware corporation (the “Company”), and Raul E. Perez (“Perez”).
At-Will Employment AgreementAt-Will Employment Agreement • September 30th, 2014 • Endostim, Inc. • Electromedical & electrotherapeutic apparatus • Missouri
This At-Will Employment Agreement (this “Agreement”), effective this 25th day of May, 2010 (the “Effective Date”) is by and between EndoStim, Inc., a Delaware corporation (the “Company”), and Bevil J. Hogg (“Employee”). As of the Effective Date, this Agreement shall supersede and replace that certain Consulting and Non-Competition Agreement, dated September 2, 2009, between the Company and Employee.
RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • September 30th, 2014 • Endostim, Inc. • Electromedical & electrotherapeutic apparatus • Missouri
THIS RESTRICTED STOCK AGREEMENT (this “Agreement”) is made as of this 25th day of May, 2010 (the “Effective Date”) by and between EndoStim, Inc., a Delaware corporation (the “Company”), and Bevil J. Hogg (“Hogg”).
