ContractWarrant Agreement • December 8th, 2015 • Nanosphere Inc • Surgical & medical instruments & apparatus • New York
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 THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 8th, 2015 • Nanosphere Inc • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made and entered into as of December 7, 2015, by and among Nanosphere, Inc., a Delaware corporation (the “Company”), and the holders signatory hereto (each a “Lender” and collectively, the “Lenders”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 8th, 2015 • Nanosphere Inc • Surgical & medical instruments & apparatus
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Second Amendment”), dated as of December 7, 2015, is made among NANOSPHERE, INC., a Delaware corporation (the “Borrower”), NSPH FUNDING LLC, a Delaware limited liability company (“NSPH”), in its capacity as collateral agent (in such capacity, “Collateral Agent”) and the Lenders listed on Schedule 1.1 of the Loan and Security Agreement (as defined below) or otherwise a party hereto from time to time, including NSPH and SWK FUNDING LLC, a Delaware limited liability company (“SWK”), each in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”).
