CUTERA, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 27, 2022 2.25% Convertible Senior Notes due 2028Indenture • May 31st, 2022 • Cutera Inc • Electromedical & electrotherapeutic apparatus • New York
INDENTURE, dated as of May 27, 2022, between CUTERA, INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, 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 2028 PURCHASE AGREEMENTPurchase Agreement • May 31st, 2022 • Cutera Inc • Electromedical & electrotherapeutic apparatus • New York
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 31st, 2022 • Cutera Inc • Electromedical & electrotherapeutic apparatus
This Third Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 24th day of May, 2021, by and between SILICON VALLEY BANK (“Bank”) and CUTERA, INC., a Delaware corporation (“Borrower”) whose address is 3240 Bayshore Boulevard, Brisbane, California 94005.
PURCHASE AGREEMENTPurchase Agreement • May 31st, 2022 • Cutera Inc • Electromedical & electrotherapeutic apparatus
Voce Capital Management LLC on behalf of investment funds and vehicles (collectively, the “Investment Vehicles”) managed and advised by Voce Capital Management LLC that will be allocated and purchase the Notes (as defined below) (Voce Capital Management LLC and/or the Investment Vehicles, as applicable, the “Undersigned”), is entering into this Purchase Agreement (the “Agreement”) with Cutera, Inc. (the “Company”) on May 24, 2022, whereby the Undersigned will purchase (the “Purchase”) the Company’s 2.25% Convertible Senior Notes due 2028 (the “Notes”) having the terms set forth on Exhibit A hereto that will be issued pursuant to the provisions of an Indenture to be dated as of the Closing Date (as defined below) (the “Indenture”), between the Company and U.S. Bank Trust Company, National Association, as Trustee (the “Trustee”).
