0001193125-19-281934 Sample Contracts

DELCATH SYSTEMS, INC. WAIVER AND FORBEARANCE AGREEMENT October 29, 2019
Waiver and Forbearance Agreement • November 1st, 2019 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus

Reference is hereby made to those certain Registration Rights Agreements (the “Registration Rights Agreements”), dated as of July 11, 2019 (effective as of July 15, 2019), and August 15, 2019, as amended on September 30, 2019 and on October 18, 2019, and as being further amended on and as of the date hereof, between Delcath Systems, Inc. (the “Company”) and the Holders who are signatories thereto (including, without limitation, the Holders signing below). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Registration Rights Agreements.

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THIRD AMENDMENT TO REGISTRATION RIGHTS AGREEMENTS
Registration Rights Agreements • November 1st, 2019 • Delcath Systems, Inc. • Surgical & medical instruments & apparatus

This Third Amendment (this “Third Amendment”), dated as of October 29, 2019, is made to those certain Registration Rights Agreements (the “Registration Rights Agreements”), dated as of July 11, 2019 (effective as of July 15, 2019), and August 15, 2019, and as amended on September 30, 2019 and on October 18, 2019, between Delcath Systems, Inc. (the “Company”) and the purchasers signatories thereto. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Registration Rights Agreements.

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