ADDENDUM “C”EBR Systems, Inc. • September 18th, 2024 • Surgical & medical instruments & apparatus
ADDENDUM “C” TO THE STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE - NET DATED MARCH 30, 2017, BY AND BETWEEN 480 OAKMEAD PROPERTIES, L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY (“LESSOR”) AND EBR SYSTEMS INC., A DELAWARE CORPORATION (“LESSEE”) FOR THE PROPERTY LOCATED AT 480 OAKMEAD PARKWAY, SUNNYVALE, CALIFORNIA (HEREINAFTER REFERRED TO AS THE “LEASE”).
EBR Systems, Inc. Indemnification AgreementIndemnification Agreement • September 18th, 2024 • EBR Systems, Inc. • Surgical & medical instruments & apparatus • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of _________________, 2021 and is between EBR Systems, Inc., a Delaware corporation (the “Company”), and ______________ (“Indemnitee”).
EBR SYSTEMS, INC. WARRANT TO PURCHASE COMMON STOCKServices Agreement • September 18th, 2024 • EBR Systems, Inc. • Surgical & medical instruments & apparatus • Delaware
This Certifies That, for value received, M.H. Carnegie & Co. Pty Ltd (ACN 146 859 341), with its principal office at 120B Underwood St, Paddington NSW 2021 Australia, or assigns (the “Holder”), is entitled, subject to the terms and conditions set forth below, to subscribe for and purchase from EBR Systems, Inc., a Delaware corporation, with its principal office at 480 Oakmead Parkway, Sunnyvale, CA 94085 (the “Company”) the Exercise Shares at the Exercise Price (each subject to adjustment as provided herein).
EBR SYSTEMS, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 18th, 2024 • EBR Systems, Inc. • Surgical & medical instruments & apparatus • Delaware
This Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of October 13, 2021, by and among EBR Systems, Inc., a Delaware corporation (the “Company”), the holders of the Company's New Series A Preferred Stock set forth on Exhibit A attached hereto (the “Series A Holders”), the Note Purchaser (as defined below) and the holders of New Series B Preferred Stock and/or Series B2 Preferred Stock set forth on Exhibit B attached hereto (the “Series B Holders”). Each of the Series A Holders, the Note Purchaser and the Series B Holders is herein referred to as an “Investor” and collectively as the “Investors”.
ContractEBR Systems, Inc. • September 18th, 2024 • Surgical & medical instruments & apparatus • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
