AGREEMENT AND PLAN OF MERGER by and among OBALON THERAPEUTICS, INC., OPTIMUS MERGER SUB, INC., and RESHAPE LIFESCIENCES INC. Dated January 19, 2021Merger Agreement • January 20th, 2021 • ReShape Lifesciences Inc. • Electromedical & electrotherapeutic apparatus • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated January 19, 2021, by and among Obalon Therapeutics, Inc., a Delaware corporation (“Obalon”), Optimus Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Obalon (“Merger Sub”), and ReShape Lifesciences Inc., a Delaware corporation (“ReShape”). Capitalized terms used and not otherwise defined herein have the meanings set forth in ARTICLE 1 below.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 20th, 2021 • ReShape Lifesciences Inc. • Electromedical & electrotherapeutic apparatus
This Fourth Amendment (this “Fourth Amendment”), dated as of January 19, 2021, is entered into by and among ReShape Lifesciences Inc., a Delaware corporation (the “Borrower”), and Armistice Capital Master Fund Ltd. (the “Lender”).
