0001193125-21-120293 Sample Contracts

INDEMNIFICATION AND ADVANCEMENT AGREEMENT
Indemnification Agreement • April 19th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Delaware

This Indemnification and Advancement Agreement (“Agreement”) is made as of , 20 by and between Treace Medical Concepts, Inc., a Delaware corporation (the “Company”), and , [a member of the Board of Directors/an officer/an employee] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering indemnification and advancement.

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CHANGE IN CONTROL SEVERANCE AGREEMENT
Change in Control Severance Agreement • April 19th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Florida

This CHANGE IN CONTROL SEVERANCE AGREEMENT is dated as of April 19, 2021, by and between TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (the “Company”), and John T. Treace (the “Executive”).

Treace Medical Concepts, Inc. [●] Shares of Common Stock, par value $0.001 per share Underwriting Agreement
Underwriting Agreement • April 19th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • New York

Treace Medical Concepts, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom J.P. Morgan Securities LLC (“J.P. Morgan”) and Morgan Stanley & Co. LLC (“Morgan Stanley”) are acting as representatives (the “Representatives”), an aggregate of [●] shares of common stock, par value $0.001 per share (“Common Stock”), of the Company, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of [●] shares of Common Stock of the Company (collectively, the “Underwritten Shares”). In addition the Company proposes to issue and sell, at the option of the Underwriters, up to an additional [●] shares of Common Stock of the Company, and the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional [●] shares of Common Stock of the Company (collectively, (the “Option S

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