AMENDMENT NO. 2 TO THE SECURITIES PURCHASE AGREEMENT July 14, 2016Securities Purchase Agreement • July 15th, 2016 • EnteroMedics Inc • Electromedical & electrotherapeutic apparatus • New York
EnteroMedics Inc., a Delaware corporation (the “Company”), and the undersigned investor (the “Investor”), together with certain other Investors listed on the Schedule of Buyers attached to the Purchase Agreement (as defined below) (individually, a “Buyer” and collectively, the “Buyers,” or in reference to Notes (as defined), individually a “Holder” or collectively “Holders”), are parties to that certain Securities Purchase Agreement dated November 4, 2015, as amended by Amendment No. 1 thereto dated May 2, 2016 (collectively, the “Original Agreement”, as amended hereby, the “Amended Purchase Agreement”) pursuant to which the Company has issued and sold, and will issue and sell, certain senior convertible notes (the “Notes”) to the Buyers. All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. Effective as of the time (the “Effective Time”) the Required Holders shall have executed amendments to the Original Agreement in the form of t
