NOTICE AND WAIVERNotice and Waiver • August 27th, 2021 • Athyrium Capital Management, LP • Services-medical laboratories
Reference is made to that certain Fourth Amended and Restated Investors’ Rights Agreement, dated as of August 27, 2019, as amended by Amendment No. 1 on November 10, 2020, as further amended by Amendment No. 2 on December 7, 2020, and as further amended by Amendment No. 3 on May 31, 2021, by and among Progenity, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Notice and Waiver (the “Waiver”) as an “Investor” (the “Investors’ Rights Agreement”).
