CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of September 1, 2016, by and among ALPHATEC HOLDINGS, INC. and ALPHATEC SPINE, INC., each as a Borrower, and collectively as Borrowers, the other Credit Parties party hereto, and GLOBUS MEDICAL, INC.,...Credit, Security and Guaranty Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
THIS CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of September 1, 2016, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation, ALPHATEC SPINE, INC., a California corporation, and each additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively as “Borrowers”), the other Credit Parties listed on the signature pages hereof, and GLOBUS MEDICAL, INC., a Delaware corporation, individually as Lender.
ALPHATEC SPINE, INC. ALPHATEC HOLDINGS, INC.Letter Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
The purpose of this letter agreement (the “Agreement”) is to set forth the terms of your separation from Alphatec Spine, Inc. and Alphatec Holdings, Inc. (collectively, and together with its affiliates, the “Company”). Payment of the Separation Pay described below is contingent on your agreement to and compliance with the terms of this Agreement. Neither this offer to you nor the Company’s entering into this Agreement shall constitute an admission by the Company and this letter shall be construed as an offer of compromise.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This First Amendment to the Employment Agreement (the “First Amendment”) is effective as of September 15, 2016 (“First Amendment Effective Date”), by and among Michael Plunkett (the “Executive”), Alphatec Spine Inc., a California corporation (“Spine”) and Alphatec Holdings, Inc., a Delaware corporation (“Holdings”) (collectively, Spine and Holdings shall be referred to as the “Company”). Capitalized terms undefined shall have the meaning ascribed to them in the Agreement.
PRODUCT MANUFACTURE AND SUPPLY AGREEMENTProduct Manufacture and Supply Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
This Product Manufacture and Supply Agreement (this “Agreement”) is entered into as of the 1st day of September, 2016 (the “Effective Date”), by and between Alphatec Holdings, Inc., a corporation organized and existing under the laws of the State of Delaware and having its principal office at 5818 El Camino Real, Carlsbad, California 92008, USA (“Alphatec”), and Globus Medical Ireland, Ltd., a private limited company organized and existing under the laws of Ireland and having its principal office at Valley Forge Business Center, 2560 General Armistead Avenue, Audubon, Pennsylvania 19403, USA (“Globus”).
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This Second Amendment to the Employment Agreement (the “Second Amendment”) is effective as of September 15, 2016 (“Second Amendment Effective Date”), by and between Leslie Cross (the “Executive”) ”), Alphatec Spine Inc., a California corporation (“Spine”) and Alphatec Holdings, Inc., a Delaware corporation (“Holdings”) (collectively, Spine and Holdings shall be referred to as the “Company”). Capitalized terms undefined shall have the meaning ascribed to them in the Agreement.
CONSENT AND FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENTCredit, Security and Guaranty Agreement • November 9th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
CONSENT AND FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 1st day of September, 2016 (the “Fifth Amendment Effective Date”), by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Alphatec Holdings”), ALPHATEC SPINE, INC., a California corporation (“Alphatec Spine”; together with Alphatec Holdings, each being referred to herein individually as a “Borrower”, and collectively as “Borrowers”), and ALPHATEC PACIFIC, INC. (also known as Kabushiki-Kaisha Alphatec Pacific), a Japanese company (“Alphatec Pacific”), ALPHATEC INTERNATIONAL LLC, a Delaware limited liability company (“Alphatec International”; each of Alphatec International and Alphatec Pacific, also being referred to herein individually as “Former Borrower” and collectively as “Former Borrowers”), and MIDCAP FUNDING IV TRUST (formerly known as MidCap Funding IV, LLC, as Agent for Lenders, “Agent”), and MIDCAP FUNDING IV TRUST, individually, as a Lender
