CUTERA, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of March 9, 2021 2.25% Convertible Senior Notes due 2026Indenture • March 9th, 2021 • Cutera Inc • Electromedical & electrotherapeutic apparatus • New York
INDENTURE, dated as of March 9, 2021, between CUTERA, INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
CUTERA, INC. 2.25% CONVERTIBLE SENIOR NOTES DUE 2026 PURCHASE AGREEMENTPurchase Agreement • March 9th, 2021 • Cutera Inc • Electromedical & electrotherapeutic apparatus • New York
The undersigned understands that Stifel, Nicolaus & Company, Incorporated (the “Representative”) proposes to enter into a Purchase Agreement (the “Purchase Agreement”) with Cutera, Inc., a Delaware corporation (the “Company”), providing for the offering (the “Offering”) by the several Initial Purchasers named in Schedule I to the Purchase Agreement, including the Representative (the “Initial Purchasers”), of Convertible Senior Notes of the Company (the “Securities”). The Securities will be convertible into cash, shares of common stock of the Company, par value $0.001 per share (the “Common Stock”) or a combination thereof, at the Company’s election.
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 9th, 2021 • Cutera Inc • Electromedical & electrotherapeutic apparatus
This First Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 4th day of March, 2021, by and between SILICON VALLEY BANK (“Bank”) and CUTERA, INC., a Delaware corporation (“Borrower”) whose address is 3240 Bayshore Boulevard, Brisbane, California 94005.
