FORM OF AMENDMENT AGREEMENTForm of Amendment Agreement • September 14th, 2023 • Motus GI Holdings, Inc. • Surgical & medical instruments & apparatus • New York
This Amendment Agreement (this “Agreement”), dated as of September 12, 2023 (the “Effective Date”), is made by and among Motus GI Holdings, Inc., a Delaware corporation (the “Company”) and the Certificate Holders signatory to this Agreement (the “Majority Holders”) who represent that they own, in the aggregate, the right to receive at least 50% of any Royalty Amount payable by the Company (“Majority in Interest”) pursuant to the Company’s outstanding Royalty Payment Rights Certificates (the “Royalty Payment Rights Certificates”), which were issued to the former holders of the Company’s Series A Convertible Preferred Stock, par value $0.0001 per share (the “Series A Convertible Preferred Stock”). Capitalized terms used but not otherwise defined in this Agreement shall have the meaning ascribed to them in the Royalty Payment Rights Certificates.
