January 2, 2017 By Electronic & First Class Mail: Savaria Corporation Laval QC H7R 6E9 Canada Attn: Marcel Bourassa, President & CEOConfidentiality, Stand-Still and No-Hire Agreement • May 17th, 2017 • Span America Medical Systems Inc • Orthopedic, prosthetic & surgical appliances & supplies • South Carolina
Savaria Corporation, an Alberta corporation (“Savaria”), in its letter to us dated December 2, 2016, has expressed interest in a potential acquisition (the “Transaction”) of Span-America Medical Systems, Inc., a South Carolina corporation (“Span-America,” “we” or “us”), and Savaria may require access to certain information about Span-America that is non-public, confidential or proprietary in nature. For purposes of this letter agreement (this “Agreement”), Savaria and Span-America are referred to as the “Parties,” and “Representative” means with respect to each Party, any of that Party’s directors, officers, employees, agents, advisors, attorneys, accountants, lenders, bankers, affiliates, consultants or other representatives. Each Party agrees to be responsible for any breach of any provision of this Agreement by any of its Representatives.
