ContractWarrant Agreement • March 31st, 2022 • Lucira Health, Inc. • In vitro & in vivo diagnostic substances • California
THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR, SUBJECT TO SECTION 11 HEREOF, AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 31st, 2022 • Lucira Health, Inc. • In vitro & in vivo diagnostic substances • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of February 4, 2022 and is entered into by and among LUCIRA HEALTH, INC., a Delaware corporation, and each of its Subsidiaries joined hereafter from time to time pursuant to Section 7.13 hereof (hereinafter collectively referred to as the “Borrower”), HERCULES CAPITAL, INC., a Maryland corporation (“Hercules”), SILICON VALLEY BANK, a California corporation (“SVB”), and the several banks and other financial institutions or entities from time to time parties to this Agreement (each, a “Lender”, and collectively, referred to as the “Lenders”) and Hercules, in its capacity as administrative agent and collateral agent for itself and the Lenders (in such capacity, the “Agent”).
WARRANT TO PURCHASE STOCKWarrant Agreement • March 31st, 2022 • Lucira Health, Inc. • In vitro & in vivo diagnostic substances • California
This WARRANT TO PURCHASE STOCK (as it may be amended, amended and restated, or otherwise modified and in effect from time to time, this “Warrant”) is issued as of the issue date set forth on Schedule I hereto (the “Issue Date”) by the company set forth on Schedule I hereto (the “Company”) to SILICON VALLEY BANK in connection with that certain Loan and Security Agreement of even date herewith by and among Company, and each of its Subsidiaries joined hereafter from time to time pursuant to Section 7.13 thereto, HERCULES CAPITAL, INC., a Maryland corporation (“Hercules”), SILICON VALLEY BANK, and the several banks and other financial institutions or entities from time to time parties thereto (each, a “Lender”, and collectively, referred to as the “Lenders”) and Hercules, in its capacity as administrative agent and collateral agent for itself and the Lenders (in such capacity, the “Agent”) (as amended and/or modified and in effect from time to time, the “Loan Agreement”), and shall be tran
Distribution AgreementDistribution Agreement • March 31st, 2022 • Lucira Health, Inc. • In vitro & in vivo diagnostic substances
This Distribution Agreement (this “Agreement”) is made and entered into as of July 14, 2021 (the “Effective Date”) by and between Lucira Health, Inc., a corporation organized under the laws of Delaware, with offices at 1412 62nd Street, Emeryville, CA, United States 94608 (“Lucira”) and Switch Health Solutions Inc., a corporation organized under the laws of Ontario, with offices at 163 Sterling Road, Unit M, Toronto ON, Canada, M6R 2B2 (the “Distributor”), each a “Party” and collectively referred to as the “Parties”.
Amendment #1 to Distribution Agreement between Lucira Health, Inc. and Switch Health Solutions Inc.Distribution Agreement • March 31st, 2022 • Lucira Health, Inc. • In vitro & in vivo diagnostic substances
This Amendment #1 to Distribution Agreement (“Amendment”) which shall be made effective as of the date of last signature hereto (“Amendment Effective Date”) is made by and between Lucira Health, Inc. (“Lucira”) and Switch Health Solutions Inc. (“Distributor”). Lucira and Distributor are parties to that Distribution Agreement having an effective date of July 14, 2021 (“Distribution Agreement”). Lucira and Distributor wish to amend the Distribution Agreement as set forth herein. All capitalized terms not otherwise defined in this Amendment shall have the meanings given in the Distribution Agreement. In consideration of the promises and mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
