NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Convertible Security Agreement • August 14th, 2015 • Mela Sciences, Inc. /Ny • Surgical & medical instruments & apparatus • New York
THIS 2.25% SERIES A SENIOR SECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 2.25% Series A Senior Secured Convertible Debentures of MELA Sciences, Inc., a Delaware corporation, (the “Company”), having its principal place of business at 50 South Buckhout Street, Suite 1, Irvington, New York, 10533, designated as its 2.25% Series A Senior Secured Convertible Debenture due June 22, 2020 (this debenture, the “Series A Debenture” and, collectively with the other debentures of such series, the “Series A Debentures”).
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Convertible Security Agreement • August 14th, 2015 • Mela Sciences, Inc. /Ny • Surgical & medical instruments & apparatus • New York
THIS 2.25% SERIES B SENIOR UNSECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 2.25% Series B Senior Unsecured Convertible Debentures of MELA Sciences, Inc., a Delaware corporation, (the “Company”), having its principal place of business at 50 South Buckhout Street, Suite 1, Irvington, New York, 10533, designated as its 2.25% Series B Senior Unsecured Convertible Debenture due June 22, 2020 (this debenture, the “Series B Debenture” and, collectively with the other debentures of such series, the “Series B Debentures”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 14th, 2015 • Mela Sciences, Inc. /Ny • Surgical & medical instruments & apparatus • New York
THIS INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of August 3, 2015 by and among (i) the holders (the “2014 Debentures Holders”) of the 4% Senior Secured Convertible Debentures due July 24, 2019 (the “2014 Debentures”) of MELA Sciences, Inc., a Delaware corporation (the “Company”), (ii) the holders (the “2015 Series A Debentures Holders” and, together with the 2014 Debenture Holders, the “Debenture Holders” and each, a “Debenture Holder”) of the Company’s 2.25% Series A Senior Secured Convertible Debentures due June 22, 2020 (the “2015 Series A Debentures” and, together with the 2014 Debentures, the “Debentures”) and (iii) the holders (the “2015 Notes Holders” and together with the 2015 Series A Debentures Holders, the “2015 Secured Debt Securities Holders” and each, a “2015 Secured Debt Securities Holder” and, the 2015 Secured Debt Securities Holders, together with the 2014 Debentures Holders, the “Securities Holders” and each, a “Securities Holder”) of the Company’s
