NON-COMPETITION AGREEMENTNon-Competition Agreement • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies • Ontario
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each Party, the Parties agree as follows:
UNLIMITED GUARANTYAgreement • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies • South Carolina
THIS UNLIMITED GUARANTY AGREEMENT dated December 9, 2011 (the “Guaranty”) is given by Span Medical Products Canada Inc., a British Columbia corporation (the “Guarantor”) to TD Bank, N. A. (successor by merger to Carolina First Bank) (the “Lender”) as a condition of the Loan (defined herein) made by Lender to Span-America Medical Systems, Inc., a South Carolina corporation (the “Borrower”).
ContractSpan America Medical Systems Inc • December 15th, 2011 • Orthopedic, prosthetic & surgical appliances & supplies • South Carolina
THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IF THE FEDERAL ARBITRATION ACT IS INAPPLICABLE, THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, § 15-48-10, ET. SEQ., CODE OF LAWS OF SOUTH CAROLINA (1976), AS AMENDED.
COLLECTIVE AGREEMENT BETWEEN:Collective Agreement • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies
ASSET PURCHASE AGREEMENT by and among SPAN MEDICAL PRODUCTS CANADA INC. SPAN- AMERICA MEDICAL SYSTEMS, INC. AND THOMPSON CONTRACT SUPPLY COMPANY LIMITED, RALPH THOMPSON Dated as of December 9, 2011Asset Purchase Agreement • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies • Ontario
This Asset Purchase Agreement (the “Agreement”) is entered into as of December 9, 2011 by and between Span Medical Products Canada Inc., a British Columbia corporation (“Purchaser”), Span-America Medical Systems, Inc., a South Carolina corporation (“Parent”), M.C. Healthcare Products Inc., an Ontario corporation (the “Company”), Thompson Contract Supply Company Limited, an Ontario corporation (“TCSC”), and Ralph Thompson, a natural person residing in Ontario, Canada (“Thompson”, or along with TCSC, an “Owner” and collectively with TCSC, the “Owners”). The Company and the Owners are sometimes referred to in this Agreement as the “Sellers.”
STATE OF SOUTH CAROLINA ) COUNTY OF GREENVILLE ) NEGATIVE PLEDGE AGREEMENTNegative Pledge Agreement • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies
THIS NEGATIVE PLEDGE AGREEMENT (“Negative Pledge”) is entered into this 9th day of December 2011, by Span-America Medical Systems, Inc. (the “Borrower”) to TD Bank, N.A., successor by merger to Carolina First Bank (the "Lender").
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies • South Carolina
THIS AMENDED AND RESTATED LOAN AGREEMENT (the “Loan Agreement” or “Agreement”) is made and entered into on the 9th day of December, 2011, by and between TD Bank, a national association (“Lender”), Span-America Medical Systems, Inc., a South Carolina corporation (“Borrower”), and Span Medical Products Canada Inc., a British Columbia corporation (the “Guarantor” and collectively Lender and Borrower, the “Parties” and each a “Party”).
LEASE B E T W E E N: Thompson Contract Supply Company Limited (the “Landlord”) and Span Medical Products Canada Inc. (the “Tenant”)Lease • December 15th, 2011 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies • Ontario
THIS LEASE, dated December 9, 2011, is made by the Landlord and the Tenant, in consideration of the rents, covenants and agreements contained in this Lease, who covenant and agree as follows:
