ContractWarrant Agreement • September 9th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • North Carolina
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE LAW.
FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 9th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
THIS FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is entered into as of April 29, 2016 by Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), the persons and entities listed on Exhibit A attached hereto (the “Investors”) and the persons and entities listed on Exhibit B attached hereto (the “Stockholders”).
DISTRIBUTION AGREEMENTDistribution Agreement • September 9th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
THIS DISTRIBUTION AGREEMENT (this “Agreement”) dated as of June 26, 2013 (the “Effective Date”), is entered into between OBALON THERAPEUTICS, INC., a Delaware corporation, with offices at 55421 Avenida Encinas, Suite F, Carlsbad, CA, 92008 (“Obalon”), and BADER SULTAN & BROS CO W.L.L., with an address at PO Box 867, 13009 Kuwait (“Distributor”). The parties hereby agree as follows:
OBALON THERAPEUTICS, INC. OBALON THERAPEUTICS, LLC LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 9th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of June 14, 2013, by and between Square 1 Bank (“Bank”) and Obalon Therapeutics, Inc. and Obalon Therapeutics, LLC (each a “Borrower” and collectively, “Borrowers”).
ContractWarrant Agreement • September 9th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE LAW.
OBALON THERAPEUTICS, INC. PREFERRED STOCK PURCHASE WARRANTPreferred Stock Purchase Warrant • September 9th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California
This Preferred Stock Purchase Warrant (the “Warrant”) is issued as of February 24, 2012, by Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), to [ ], or its assigns (the “Holder”). This Warrant is one of a series of Warrants containing substantially identical terms and conditions issued by the Company pursuant to the Note and Warrant Purchase Agreement dated as of February 24, 2012 by and among the Company and the purchasers described therein (the “Purchase Agreement”) with an aggregate principal amount of $1,500,000.00 (the “Notes”). Capitalized terms used but not defined herein shall have the meaning therefor set forth in the Purchase Agreement or the Notes, as applicable. This Warrant is subject to the following terms and conditions.
