0001494650-24-000018 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • March 7th, 2024 • OptiNose, Inc. • Pharmaceutical preparations • Delaware

This Indemnification Agreement (this “Agreement”) is made as of __________, 201___ by and between OptiNose, Inc., a Delaware corporation (the “Corporation”), in its own name and on behalf of its direct and indirect subsidiaries, and __________________, an individual (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Corporation and Indemnitee covering the subject matter of this Agreement.

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FIRST AMENDMENT AND WAIVER TO NOTE PURCHASE AGREEMENT
Note Purchase Agreement • March 7th, 2024 • OptiNose, Inc. • Pharmaceutical preparations

This First Amendment and Waiver to the Note Purchase Agreement (defined below) (this “Amendment and Waiver”), dated as of March 5, 2024 (the “Effective Date”), is entered into by and among OPTINOSE US, INC., a Delaware corporation (the “Issuer”), OPTINOSE, INC., a Delaware corporation (the “Parent”), the Purchasers (as defined in the Note Purchase Agreement) party to the Note Purchase Agreement as of the Effective Date, and BIOPHARMA CREDIT PLC, a public limited company incorporated under the laws of England and Wales, as Collateral Agent.

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