amendment No. 3 to CREDIT, SECURITY AND GUARANTY AGREEMENT (TERM LOAN)Credit, Security and Guaranty Agreement • March 1st, 2023 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDMENT NO. 3 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (TERM LOAN) (this “Agreement”) is made as of February 28, 2023, by and among XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”) as a Guarantor, each of Holdings’ direct and indirect Subsidiaries set forth on the signature pages hereto as a “Borrower” (collectively, the “Borrowers” and each individually, a “Borrower”), MidCap Financial Trust, a Delaware statutory trust, as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.
EQUITY PURCHASE AGREEMENTEquity Purchase Agreement • March 1st, 2023 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • Delaware
This EQUITY PURCHASE AGREEMENT (this “Agreement”) is entered into as of February 28, 2023, by and among Xtant Medical Holdings, Inc., a Delaware corporation (“Buyer”), Surgalign SPV, Inc. (the “Company”), a Delaware corporation and wholly owned subsidiary of Surgalign Spine Technologies, Inc., a Delaware corporation (“Seller”), Seller and Surgalign Holdings, Inc., a Delaware corporation (“Parent”). Capitalized terms used and not otherwise defined in this Agreement have the meanings set forth in Exhibit A.
TRANSITION SERVICES AGREEMENT AMONG SURGALIGN SPV, INC., SURGALIGN SPINE TECHNOLOGIES, INC., AND XTANT MEDICAL HOLDINGS, INC. DATED FEBRUARY 28, 2023Transition Services Agreement • March 1st, 2023 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • Delaware
TRANSITION SERVICES AGREEMENT, (this “Agreement”) dated as of February 28, 2023 (the “Effective Date”), by and among Surgalign SPV, Inc. (the “Company”), a Delaware corporation and wholly owned subsidiary of Surgalign Spine Technologies, Inc., a Delaware corporation (“Seller”), Seller and Xtant Medical Holdings, Inc., a Delaware corporation (“Buyer”).
amendment No. 3 to CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN)Credit, Security and Guaranty Agreement • March 1st, 2023 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDMENT NO. 3 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (REVOLVING LOAN) (this “Agreement”) is made as of February 28, 2023, by and among XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”) as a Guarantor, each of Holdings’ direct and indirect Subsidiaries set forth on the signature pages hereto as a “Borrower” (collectively, the “Borrowers” and each individually, a “Borrower”), MidCap Funding IV Trust, a Delaware statutory trust, individually as a Lender and as Agent (in such capacity, together with its successors and assigns, “Agent”) and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.
