LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 6, 2018 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and AXONICS MODULATION TECHNOLOGIES, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
LEASE BETWEEN THE IRVINE COMPANY LLC AND AXONICS MODULATION TECHNOLOGIES, INC.Lease • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
THIS LEASE is made as of November 30, 2017, by and between THE IRVINE COMPANY LLC, a Delaware limited liability company, hereafter called “Landlord,” and AXONICS MODULATION TECHNOLOGIES, INC., a Delaware corporation, hereafter called “Tenant.”
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This executive employment agreement (this “Agreement”) is effective as of May 22, 2014 by and between Axonics Modulation Technologies, Inc., a Delaware Corporation (“Company”), and Prabodh Mathur (“Executive”).
FOURTH AMENDED AND RESTATED SHARE EXCHANGE AGREEMENTShare Exchange Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • Delaware
This FOURTH AMENDED AND RESTATED SHARE EXCHANGE AGREEMENT (this “Agreement”), is dated as of June 30, 2017, by and between Axonics Modulation Technologies, Inc., a Delaware corporation, (the “Company”); Biodiscovery 4 FCPR, a fund managed by Edmond de Rothschild Investment Partners (“Biodiscovery”); and Coöperatieve Gilde Healthcare IV U.A. (“Gilde”). Each of the parties to this Agreement is individually referred to herein as a “Party” and collectively, as the “Parties,” and each of Biodiscovery and Gilde are individually referred to herein as an “Investor” and collectively as the Investors.
AXONICS MODULATION TECHNOLOGIES, INC. FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT MARCH 29, 2018Investors’ Rights Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of as of March 29, 2018, by and among Axonics Modulation Technologies, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto (each, an “Investor” and collectively, the “Investors”).
DEBT FORGIVENESS AGREEMENT AND CANCELLATION OF NOTEDebt Forgiveness Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This DEBT FORGIVENESS AGREEMENT AND CANCELLATION OF NOTE (this “Agreement”) is made effective as of , 2018 (the “Effective Date”) by and between AXONICS MODULATION TECHNOLOGIES, INC. (“Axonics”) and (“Executive,” and together with Axonics, the “Parties”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This executive employment agreement (this “Agreement”) is effective as of May 22, 2014 by and between Axonics Modulation Technologies, Inc., a Delaware Corporation (“Company”), and Raymond W. Cohen (“Executive”).
FIRST AMENDMENT TO LEASELease • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This executive employment agreement (this “Agreement”) is effective as of November 15, 2017 by and between Axonics Modulation Technologies, Inc., A Delaware Corporation (“Company”), and Alfred Ford, Jr. (“Executive”).
DEBT FORGIVENESS AGREEMENT AND CANCELLATION OF NOTEDebt Forgiveness Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This DEBT FORGIVENESS AGREEMENT AND CANCELLATION OF NOTE (this “Agreement”) is made effective as of _____________, 2018 by and between AXONICS MODULATION TECHNOLOGIES, INC. (“Axonics”) and ____________________ (“Executive,” and together with Axonics, the “Parties”).
ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCHLicense Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus
Reference is made to that certain License Agreement of even date herewith between Axonics Modulation Technologies, Inc. and the undersigned. This will confirm that at your option the undersigned will expand the territories included under the license to be worldwide or, if you so direct, the undersigned will enter into a comparable license agreement covering areas outside the United States with an entity controlled by the founders of Axonics Modulation Technologies, Inc. In the latter case, such license would be based on economic and other terms, other than the territory covered, as is set forth in the License Agreement.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
This executive employment agreement (this “Agreement”) is effective as of May 22, 2014 by and between Axonics Modulation Technologies, Inc., a Delaware Corporation (“Company”), and Dan L. Dearen (“Executive”).
STOCK PLEDGE AGREEMENTStock Pledge Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus • California
THIS STOCK PLEDGE AGREEMENT (the “Pledge Agreement”) is entered into as of _____________ __, 20__, by and between _________________, an individual (“Pledgor”), and Axonics Modulation Technologies, Inc., a Delaware corporation (the “Secured Party”).
AMENDMENT TO LICENSE AGREEMENTLicense Agreement • October 5th, 2018 • Axonics Modulation Technologies, Inc. • Surgical & medical instruments & apparatus
This AMENDMENT TO LICENSE AGREEMENT (“Amendment”) is entered into as of February 19, 2014 (the “Amendment Effective Date”), by and between Alfred E. Mann Foundation for Scientific Research (“AMF”) and Axonics Modulation Technologies, Inc., a Delaware corporation (“Licensee”).
