FRACTYL HEALTH, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of , 2023 between Fractyl Health, Inc., a Delaware corporation (the “Company”), and [Name] (“Indemnitee”).
LEASE by and between 3 VDG Owner LLC, a Delaware limited liability company and Fractyl Health, Inc., a Delaware corporationLease • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus
THIS LEASE (this “Lease”) is entered into as of August 10, 2022 (the “Execution Date”), by and between 3 VDG Owner LLC, a Delaware limited liability company (“Landlord”), and Fractyl Health, Inc., a Delaware corporation (“Tenant”).
LEASE LEXINGTON, MASSACHUSETTS Lease Dated November 17, 2015Lease Agreement • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus • Massachusetts
THIS INSTRUMENT IS AN INDENTURE OF LEASE in which the Landlord and the Tenant are the parties hereinafter named, and which relates to space in a certain building (the “Building”) known as, and with an address at, 17 Hartwell Avenue, Lexington, Massachusetts 02421.
CREDIT AGREEMENT AND GUARANTY dated as of September 7, 2023 by and among FRACTYL HEALTH, INC., as the Borrower, THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as the Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO as the Lenders, and...Credit Agreement • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus • New York
CREDIT AGREEMENT AND GUARANTY, dated as of September 7, 2023 (this “Agreement”), among FRACTYL HEALTH, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower that may be required to provide Guarantees from time to time hereunder (each a “Guarantor” and collectively, the “Guarantors”), SYMBIOTIC CAPITAL OPPORTUNITIES HOLDING, L.P., as a lender (“Symbiotic”), the other lenders from time to time party hereto (together with Symbiotic, each a “Lender” and collectively, the “Lenders”), and SYMBIOTIC CAPITAL AGENCY LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
SECOND AMENDMENT TO CREDIT AGREEMENT AND GUARANTYCredit Agreement and Guaranty • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus
This SECOND AMENDMENT TO CREDIT AGREEMENT AND GUARANTY (this “Amendment”) is entered into as of December 9, 2023, by and among FRACTYL HEALTH, INC., a Delaware corporation (the “Borrower”), the lenders party hereto, and SYMBIOTIC CAPITAL AGENCY LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • December 14th, 2023 • Fractyl Health, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of June 9th, 2021 by and among Fractyl Health, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and any Additional Purchaser (as defined in the Purchase Agreement) that becomes a party to this Agreement in accordance with Section 6.9 hereof.
