TENDER OFFER AGREEMENT BY AND BETWEEN ALPHATEC HOLDINGS, INC. AND EOS IMAGING S.A. DATED AS OF FEBRUARY 28, 2020Tender Offer Agreement • February 28th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This Tender Offer Agreement (this “Agreement”) is entered into as of February 28, 2020, by and between Alphatec Holdings, Inc., a corporation organized and existing under the laws of Delaware, represented by Mr. Patrick S. Miles, duly empowered for the purpose hereof (the “Purchaser”) and EOS Imaging S.A., a société anonyme organized and existing under the laws of France, with a share capital of €265.899,46 divided into 26,589,946 ordinary shares with a nominal value of €0.01 each, whose registered office is at 10, rue Mercoeur, 75011 Paris, France, and registered with Paris Trade and Companies Register under No. 349 694 893, represented by Mr. Michael Lobinsky, duly empowered for the purpose hereof (the “Company”). The Purchaser and the Company are each sometimes referred to individually as a “Party” and collectively as the “Parties”.
TENDER COMMITMENT BY AND BETWEEN ALPHATEC HOLDINGS, INC. AND DATED AS OF FEBRUARY 28, 2020Tender Commitment • February 28th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This TENDER COMMITMENT (this “Agreement”) is entered into as of February 28, 2020, by and between Alphatec Holdings, Inc., a corporation organized and existing under the laws of Delaware, represented by Patrick S. Miles, duly empowered for the purpose hereof (“Bidder”), and [ ● ], a [ ● ] (“Shareholder”). Bidder and Shareholder are each sometimes referred to individually as a “Party” and collectively as the “Parties”.
