COMMON STOCK PURCHASE WARRANT Issue Date: May 25, 2017 To Purchase 148,617 Shares of Common Stock of VIVEVE MEDICAL, INC.Viveve Medical, Inc. • June 1st, 2017 • Electromedical & electrotherapeutic apparatus
THIS COMMON STOCK PURCHASE WARRANT CERTIFIES that, for value received, CRG Partners III L.P. (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Issue Date (the “Initial Exercise Date”) and on or prior to the close of business on the earlier of the tenth anniversary of the Issue Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Viveve Medical, Inc., a Delaware corporation (the “Company”), up to an aggregate of 148,617 shares (the “Warrant Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) in accordance with Section 2 or Section 3 herein. The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $9.50, subject to adjustment hereunder. The Exercise Price and the number of Warrant Shares for which the Warrant is exercisable shall be subject to adjustment as provided herein.
PATENT AND TRADEMARK SECURITY AGREEMENTPatent and Trademark Security Agreement • June 1st, 2017 • Viveve Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York
WHEREAS, VIVEVE, INC., a Delaware corporation (“Grantor”), is party to that certain Security Agreement, dated as of May 25, 2017 (as amended, restated, supplemented or otherwise modified from time to time, the “Security Agreement”; capitalized terms used herein without definition shall have the meanings set forth in the Security Agreement), among VIVEVE MEDICAL, INC., Grantor, the other grantors from time to time party thereto and CRG SERVICING LLC, as administrative agent and collateral agent (in such capacities, together with its successors and assigns, “Administrative Agent”), pursuant to which Grantor has granted to Administrative Agent, for the benefit of the Secured Parties, a security interest in all of Grantor’s right, title and interest in, to and under the Collateral, including without limitation the patents and patent applications listed on Schedule A hereto, and the trademarks and trademark applications listed on the Schedule B hereto; and
Security AGREEMENT dated as of May 25, 2017 among VIVEVE MEDICAL, INC., The Other Grantors from Time to Time Party Hereto and CRG SERVICING LLC, as Administrative Agent and Collateral AgentSecurity Agreement • June 1st, 2017 • Viveve Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York
Schedule 6 - Trade Names, Trademarks, Services Marks, Trademark and Service Mark Registrations and Applications for Trademark and Service Mark Registrations
