SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE FEBRUARY 3, 2019Convertible Security Agreement • January 4th, 2018 • AMEDICA Corp • Surgical & medical instruments & apparatus • New York
THIS SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is one of a series of duly authorized and validly issued Senior Secured Convertible Notes of Amedica Corporation, a Delaware corporation, (the “Company”), having its principal place of business at 1885 West 2100 South, Salt Lake City, UT 84119, designated as its Senior Secured Convertible Promissory Note due February 3, 2019 (this “Note”, or the “Note” and collectively with the other Notes of such series, the “Notes”).
EXCHANGE AGREEMENTExchange Agreement • January 4th, 2018 • AMEDICA Corp • Surgical & medical instruments & apparatus • New York
THIS EXCHANGE AGREEMENT (the “Agreement”) is dated this 3rd day of January, 2018 (the “Effective Date”), by and among Amedica Corporation, a Delaware corporation (the “Company”), and MEF I, L.P. (the “Holder”).
ASSIGNMENT AGREEMENTAssignment Agreement • January 4th, 2018 • AMEDICA Corp • Surgical & medical instruments & apparatus • California
This Assignment Agreement (the “Assignment Agreement”) is dated as of January 3, 2018 (the “Effective Date”) by and among Amedica Corporation, a Delaware corporation (the “Company”), its wholly-owned subsidiary US Spine, Inc. (the “Guarantor”) (collectively, the Company and the Guarantor are referred to herein as the “Borrower”), MEF I, L.P. (“MEF”), Anson Investments Master Fund LP (“Anson”; and together with MEF, the “Assignees” and each an “Assignee”), and Hercules Capital, Inc. (f/k/a, Hercules Technology Growth Capital, Inc.), a Maryland corporation and Hercules Technology III, L.P., a Delaware limited partnership (collectively “Hercules”).
