0001564590-20-050489 Sample Contracts

THIRD AMENDMENT TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT
Business Financing Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

This Third Amendment to Amended and Restated Business Financing Agreement (this “Amendment”) is entered into as of September 29, 2020, by and between WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”) and VAPOTHERM, INC. (“Borrower”).

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Vapotherm, Inc. Restricted Stock Unit Award Agreement
Restricted Stock Unit Award Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences an award (the “Award”) of restricted stock units granted by Vapotherm, Inc. (the “Company”) to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

Vapotherm, Inc. Restricted Stock Unit Award Agreement
Restricted Stock Unit Award Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences an award (the “Award”) of restricted stock units granted by Vapotherm, Inc. (the “Company”) to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

FOURTH AMENDMENT TO LEASE
Lease Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

THIS FOURTH AMENDMENT TO LEASE (this "Amendment") is dated this ___23rd________ day of August, 2020 (the "Effective Date") by and between 100 DOMAIN DRIVE EI, LLC, a Delaware limited liability company, as administrator of the tenancy in common with 100 DOMAIN DRIVE DD, LLC, a Delaware limited liability company (collectively, "Landlord") and VAPOTHERM, INC., a Delaware corporation ("Tenant").

Vapotherm, Inc. Restricted Stock Unit Award Agreement
Restricted Stock Unit Award Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences an award (the “Award”) of restricted stock units granted by Vapotherm, Inc. (the “Company”) to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

Vapotherm, Inc. Non-statutory Stock Option Agreement (Consultants)
Non-Statutory Stock Option Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences a stock option granted by the Company to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

Vapotherm, Inc. Restricted Stock Unit Award Agreement
Restricted Stock Unit Award Agreement • November 4th, 2020 • Vapotherm Inc • Surgical & medical instruments & apparatus

This agreement (this “Agreement”) evidences an award (the “Award”) of restricted stock units granted by Vapotherm, Inc. (the “Company”) to the individual named above (the “Participant”), pursuant to and subject to the terms of the Vapotherm, Inc. 2018 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

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