ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 19th, 2018 • Apollo Endosurgery, Inc. • Surgical & medical instruments & apparatus • Delaware
This Asset Purchase Agreement is entered into as of December 17, 2018, by and among ReShape Lifesciences Inc., a Delaware corporation (the “ReShape”), and Apollo Endosurgery, Inc., a Delaware corporation (“Apollo”). Certain capitalized terms used in this Agreement are defined in Exhibit A. ReShape and Apollo are referred to in this Agreement collectively as the “Parties,” and individually as a “Party.”
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 19th, 2018 • Apollo Endosurgery, Inc. • Surgical & medical instruments & apparatus • New York
THIS eighth AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) dated as of December 17, 2018 (the “Eighth Amendment Effective Date”) is entered into among APOLLO ENDOSURGERY US, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and ATHYRIUM OPPORTUNITIES II ACQUISITION LP, as Administrative Agent (the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
