ContractXtant Medical Holdings, Inc. • April 1st, 2019 • Biological products, (no disgnostic substances) • New York
THIS WARRANT AND THE SECURITIES PURCHASABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FILED UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS, UNLESS AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE.
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • April 1st, 2019 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • Colorado
This Separation Agreement (“Agreement”) and the Release, which is attached and incorporated by reference as Exhibit A (“Release”), are made by and between Carl D. O’Connell (“Executive”), and Xtant Medical Holdings, Inc., its affiliates, related or predecessor corporations, subsidiaries, successors and assigns (“Employer”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 1st, 2019 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • Minnesota
This Employment Agreement (“Agreement”) is effective as of July 9, 2018 (“Effective Date”), by and between Xtant Medical Holdings, Inc., a Delaware corporation (the “Company”), and Kevin D. Brandt, an individual (“Employee”). The Company and Employee are sometimes referred to as the “Parties” or “Party” in this Agreement, and the Company may designate a subsidiary to be the employer of the Employee.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 29, 2019 by and among BACTERIN INTERNATIONAL, INC. and X-SPINE SYSTEMS, INC. as the Borrower, The Guarantors Party Hereto, The Lenders Party Hereto, and ROS Acquisition Offshore LP as the...Credit Agreement • April 1st, 2019 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of March 29, 2019 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is by and among BACTERIN INTERNATIONAL, INC., a Nevada corporation (“Bacterin”), X-SPINE SYSTEMS, INC., an Ohio corporation (the “Additional Delayed Draw Borrower” and, together with Bacterin, the “Borrower”), ROS Acquisition Offshore LP, a Cayman Islands Exempted Limited Partnership (together with its Affiliates, successors, transferees and assignees, “ROS”), as lender and as “Administrative Agent” for the lenders pursuant to Section 10.1.1 hereof, and ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (together with its Affiliates, successors, transferees and assignees, “Royalty Opportunities” and together with ROS, each individually a “Lender” and collectively, the “Lenders”) and, in their capacity as Guarantors, XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdi
