LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus
THIS LOAN AND SECURITY AGREEMENT (as the same may from time to time be amended, modified, supplemented or restated, this “Agreement”) dated as of May 19, 2015 (the “Effective Date”) among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 hereof or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and RESTORATION ROBOTICS, INC., a Delaware corporation with offices located at 128 Baytech Drive, San Jose, CA 95134 (“Borrower”), provides the terms on which the Lenders shall lend to Borrower and Borrower shall repay the Lenders. The parties agree as follows:
Legacy Baytech Park Lease Agreement Basic Lease InformationLease Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • California
RESTORATION ROBOTICS, INC. STOCK PURCHASE RIGHT GRANT NOTICE AND RESTRICTED STOCK PURCHASE AGREEMENTRestricted Stock Purchase Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • Delaware
Pursuant to its 2015 Equity Incentive Plan (the “Plan”), Restoration Robotics, Inc., a Delaware corporation (the “Company”), hereby grants to the Purchaser listed below (“Purchaser”), the right to purchase the number of shares of the Company’s Common Stock set forth below (the “Shares”) at the purchase price set forth below (the “Stock Purchase Right”). This Stock Purchase Right is subject to all of the terms and conditions set forth herein, in the Plan and in the certain Restricted Stock Purchase Agreement attached hereto as Exhibit A (the “Restricted Stock Purchase Agreement”), each of which is incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Stock Purchase Right Grant Notice (the “Grant Notice”) and the Restricted Stock Purchase Agreement.
ContractWarrant Agreement • September 1st, 2017 • Restoration Robotics 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 (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 SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
RESTORATION ROBOTICS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT February 7, 2013Investors’ Rights Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • California
This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of February 7th, 2013 by and among Restoration Robotics, Inc., a Delaware corporation (the “Company”), and the holders of the Company’s Preferred Stock identified on Exhibit A attached hereto (the “Investors”). Other capitalized terms used in this Agreement have the meanings ascribed to them in Section 4.1.
MANUFACTURING AGREEMENT FOR SYSTEMSManufacturing Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • California
This MANUFACTURING AGREEMENT FOR SYSTEMS (hereinafter referred to as “Agreement”) is made and entered into as of the 1st day of MARCH 2016, (hereinafter “Effective Date”), by and between Evolve Manufacturing Technologies Inc. (hereinafter “Seller”) having a principal place of business at 47300 Bayside Parkway, Fremont, CA 94538 and Restoration Robotics, Inc., (hereinafter “Buyer”), having a principal place of business at 128 Baytech Drive, San Jose, CA 95134. Seller and Buyer are collectively referred to herein as the “Parties” and individually as a “Party”.
Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. FIRST AMENDMENT TO HARRIS/HSC LICENSE AGREEMENTHarris/HSC License Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus
This First Amendment to Harris/HSC License Agreement between Restoration Robotics, Inc., James A. Harris, MD and HSC Development LLC (the “First Amendment to License Agreement”) is made effective as of January 5, 2009 (the “Effective Date of the First Amendment to License Agreement”).
ContractWarrant Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • California
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 4 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS, OR PURSUANT TO RULE 144 OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND ANY APPLICABLE STATE SECURITIES LAWS.
Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. LICENSE AGREEMENTLicense Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • Delaware
THIS LICENSE AGREEMENT (“License Agreement”) is made and entered as of July 25, 2006 (“Effective Date”), between Restoration Robotics, Inc., a Delaware corporation having a place of business at 1383 Shore Bird Way, Mountain View, CA 94043 (“Restoration”), HSC Development LLC, a Delaware limited liability company having a place of business at 3003 E. Third Avenue, Suite 201, Denver, CO 80206 (“HSC”), and James A. Harris, MD, an individual having an address of [***] (“Harris”), each referred to herein as a “Party” and collectively as the “Parties.”
TRANSITION AND SEPARATION AGREEMENTTransition and Separation Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • California
This Transition and Separation Agreement (the “Agreement”) by and between James W. McCollum (“Executive”) and Restoration Robotics, Inc. (the “Company”) is made effective eight (8) days after Executive’s signature hereto (the “Effective Date”). Any reference to the Company throughout this Agreement shall include the Company, its subsidiaries and any successors thereto.
Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. SECOND AMENDMENT TO HARRIS/HSC LICENSE AGREEMENTHarris/HSC License Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus
This Second Amendment to Harris/HSC License Agreement between Restoration Robotics, Inc., James A. Harris, M.D. and HSC Development LLC (the “Second Amendment to License Agreement”) is made effective as of February 23, 2015.
FIRST AMENDMENT TO COMPONENT PRICING AGREEMENTComponent Pricing Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus
This First Amendment (“First Amendment”) is made and entered into as of August 30, 2017 (“First Amendment Effective Date”), by and between RESTORATION ROBOTICS, INC. (“RR” or “Restoration Robotics”) and EVOLVE MANUFACTURING TECHNOLOGIES INC. (“Component Supplier”), and amends that certain Component Pricing Agreement, dated August 1, 2016, between RR and Component Supplier (“Agreement”).
COMPONENT PRICING AGREEMENTComponent Pricing Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • Delaware
This Component Pricing Agreement (this “Agreement”) is between Restoration Robotics, Inc., a Delaware corporation with a principal address at 128 Baytech Drive, San Jose, California 95134 (“Restoration Robotics”) and Evolve Manufacturing Technologies Inc., a company having a place of business at 47300 Bayside Parkway, Fremont, CA 94538 (“Component Supplier”) and is effective as of August 1, 2016 (the “Effective Date”). Restoration Robotics and Component Supplier may be each referred to herein as a “Party” or collectively as the “Parties.”
RESTORATION ROBOTICS, INC. EMPLOYMENT AGREEMENTEmployment Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus • California
This Employment Agreement (the “Agreement”) is made and entered into by and between Ryan Rhodes (“Executive”) and Restoration Robotics, Inc. (the “Company”) (together referred to herein as the “Parties”), dated as of September 21, 2016 and effective as of the Effective Date (as defined below).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 1st, 2017 • Restoration Robotics Inc • Surgical & medical instruments & apparatus
THIS FIRST AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered into as of September 15, 2015, by and between OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) or otherwise a party hereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and RESTORATION ROBOTICS, INC., a Delaware corporation with offices located at 128 Baytech Drive, San Jose, CA 95134 (“Borrower”).
