GI DYNAMICS, INC. FIFTH AMENDMENT AND WAIVER TO SERIES A PREFERRED STOCK PURCHASE AGREEMENTPreferred Stock Purchase Agreement • March 9th, 2021 • Gi Dynamics, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS FIFTH AMENDMENT AND WAIVER (this “Amendment”), dated effective as of February 24, 2021, is made to that certain SERIES A PREFERRED STOCK PURCHASE AGREEMENT, dated August 10, 2020, as amended on October 31, 2020, on November 30, 2020, on December 22, 2020 and on January 29, 2021 (as so amended, the “Agreement”), by and between GI DYNAMICS, INC., a Delaware corporation (the “Company”), and the investors listed on Exhibit A attached to the Agreement (the “Purchasers”). Capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Agreement.
