0001193125-16-718971 Sample Contracts

OBALON THERAPEUTICS, INC. [ ● ] Shares Common Stock ($0.001 par value per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • September 26th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • New York
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INDEMNITY AGREEMENT
Indemnity Agreement • September 26th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • Delaware

This Indemnity Agreement, dated as of , 2016 is made by and between Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), and , a director, officer or key employee of the Company or one of the Company’s subsidiaries or other service provider who satisfies the definition of Indemnifiable Person set forth below (“Indemnitee”).

RETENTION AGREEMENT
Retention Agreement • September 26th, 2016 • Obalon Therapeutics Inc • Surgical & medical instruments & apparatus • California

This Retention Agreement (the “Agreement”) is entered into by and between [Name] (the “Executive”) and Obalon Therapeutics, Inc., a Delaware corporation (the “Company”), on , 2016, and is effective on the first date on which a registration statement covering the initial public offering of the common stock of the Company is declared effective by the United States Securities and Exchange Commission (the “Effective Date”).

DISTRIBUTION AGREEMENT
Distribution Agreement • September 26th, 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:

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