Establishment Labs Holdings Inc. [●] Common Shares UNDERWRITING AGREEMENTUnderwriting Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
SECOND AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
This CREDIT AGREEMENT is entered into as of August 24, 2017 among Establishment Labs Holdings Inc., a BVI business company, limited by shares and incorporated under the laws of the British Virgin Islands (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and MADRYN HEALTH PARTNERS, LP, a Delaware limited partnership, as the Administrative Agent.
ESTABLISHMENT LABS HOLDINGS INC. EMPLOYMENT AGREEMENTEmployment Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of July 1st, 2016 by and between ESTABLISHMENT LABS HOLDINGS INC., a BVI corporation (the “Company”) and Juan José Chacón Quirós, an individual residing at Escazú, San José, Costa Rica (the “Executive”).
LEASE AGREEMENTLease Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies
ZONA FRANCA COYOL, S. A., corporate identification card number three- one hundred one-four hundred and twenty thousand five hundred twelve, (the "Landlord"), registered in the Mercantile Section of the Public Registry under book five hundred sixty, entry ten thousand three hundred and seventy eight, consecutive one hereon represented by Huber André Garnier Kruse, personal identity card number one- four hundred sixteen- one thousand three hundred forty four, and Álvaro Carballo Pinto, personal identity card number one - five hundred and thirty six - six hundred and fifty five, acting jointly and with sufficient authority for the execution of this lease agreement which legal representation is duly recorded in the Mercantile Section of the Public Registry under book five hundred and sixty five, entry eleven thousand five hundred and ninety two, consecutive one.
CONFIDENTIAL TREATMENT REQUESTEDSupply Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies
Certain portions of this document have been omitted pursuant to a request for Confidential Treatment and, where applicable, have been marked with “[***]” to indicate where omissions have been made. The confidential material has been filed separately with the Securities and Exchange Commission.
LEASE AGREEMENTLease Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies
ZONA FRANCA COYOL, S. A., corporate identification card number three- one hundred one-four hundred and twenty thousand five hundred twelve, (the "Landlord"), registered in the Mercantile Section of the Public Registry under book five hundred sixty, entry ten thousand three hundred and seventy nine, consecutive one, hereon represented by Álvaro Carballo Pinto, personal identity card number one - five hundred and thirty six - six hundred and fifty five, and Huber André Garnier Kruse, personal identity card number one- four hundred sixteen- one thousand three hundred forty four, and, acting jointly and with sufficient authority for the execution of this lease agreement which legal representation is duly recorded in the Mercantile Section of the Public Registry under book five hundred and sixty five, entry eleven thousand five hundred and ninety two, consecutive one, as certified in Exhibit One.
SUPPLY AGREEMENTSupply Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
This Supply Agreement ("Agreement") is made as of August 18, 2016 ("Effective Date"), by and between NuSil Technology LLC, a Delaware limited liability company, located at 1050 Cindy Lane; Carpinteria, California, U.S.A. 93013 ("Seller") and Establishment Labs, a Costa Rica company, located at Coyol Free Zone, 4th Street, Bldg B-15, COSTA RICA ("Buyer").
MANUFACTURING AND SUPPLY AGREEMENTManufacturing and Supply Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Texas
This Manufacturing and Supply Agreement (this “Agreement”) is entered into as of the Effective Date (as defined below) by and between (1) Apollo Endosurgery, Delaware corporation having offices at 1120 S Capital of Texas Highway #300, Austin, TX 78746 (“APOLLO”), and (2) Establishment Labs, S.A a corporation organized under the laws of Costa Rica and having a principal place of business at Coyol Free Zone, B15, Alajuela, 20113, Costa Rica (“ESTABLISHMENT”). APOLLO and ESTABLISHMENT shall hereinafter be individually referred to as a “Party” and collectively as the “Parties.”
OEM/PLM SUPPLY AGREEMENTConfidential Treatment Requested • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
This OEM/PLM and SUPPLY AGREEMENT (“Agreement”) is made by and between, Black Tie Medical, Inc., dba Tulip Medical Products (“TULIP”) and Establishment Labs S.A., a company organized and existing under the laws of Costa Rica (“ELSA”) as of July 31, 2016 (“Effective Date”) pursuant to the following terms, conditions and recitals:
EXCLUSIVE DISTRIBUTION AGREEMENTExclusive Distribution Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
EXCLUSIVE DISTRIBUTION AGREEMENT (this “Agreement”) is made and entered into effective as of September 7th, 2016 (“Effective Date”), and is by and between Puregraft LLC, a Delaware Limited Liability Company having its primary office and place of business at 420 Stevens Avenue, Suite 220, Solana Beach, CA 92075, its parent company Bimini Technologies, LLC, and any affiliates and/or subsidiaries thereto (together, “Puregraft”), and Establishment Labs Holdings Inc., a company organized under the laws of the British Virgin Islands, having its primary office and place of business at Coyol Free Zone Building 15, Alajuela, Costa Rica (“Distributor”) (each a party and collectively the parties).
Design, Architecture & Engineering, and Build-Out Construction Management AgreementConstruction Management Agreement • July 13th, 2018 • Establishment Labs Holdings Inc. • Orthopedic, prosthetic & surgical appliances & supplies
This Design, Architecture & Engineering and Construction Management Contract (“Contract”) is entered at the city of Alajuela, Costa Rica on the 11th day of the month of February of the year 2016, between:
