REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 29, 2020 among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and Squadron Medical Finance Solutions LLC, a Delaware limited liability company (“Squadron”, and Tawani Holdings LLC, an Illinois limited liability company (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [NAME] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after May 29, 2020 (the “Initial Exercise Date”) and on or prior to the close of business on the seven-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to [NUMBER] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AMENDMENT TO WARRANTWarrant Amendment • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AMENDMENT TO WARRANT (this “Amendment”) is made as of May 29, 2020 by and between Alphatec Holdings, Inc., a Delaware corporation (the “Company”) and [NAME] (the “Holder”).
SECOND AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENTCredit, Security and Guaranty Agreement • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
This SECOND AMENDMENT TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of May 29, 2020, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation, ALPHATEC SPINE, INC., a California corporation and SAFEOP SURGICAL, INC., a Delaware corporation (each individually as a “Borrower” and collectively, as “Borrowers”) and SQUADRON MEDICAL FINANCE SOLUTIONS LLC, a Delaware limited liability company as lender (“Lender”).
SECOND AMENDED AND RESTATED TERM NOTETerm Note • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This is a promissory note (“Term Note”) to which reference is made in Section 2.3 of the Credit Agreement and is subject to all terms and provisions thereof. The principal of, and interest on, this Term Note shall be payable at the times, in the manner, and in the amounts as provided in the Credit Agreement and shall be subject to prepayment and acceleration as provided therein. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
