SILK ROAD MEDICAL, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of [insert date], and is between Silk Road Medical, Inc., a Delaware corporation (together with its affiliates and subsidiaries, the “Company”), and [insert name] (“Indemnitee”).
CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • California
This Change in Control and Severance Agreement (the “Agreement”) is made between Silk Road Medical, Inc. (the “Company”) and Andrew Davis (the “Executive”), effective as of March 21, 2019 (the “Effective Date”).
UNDERWRITING AGREEMENTUnderwriting Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • New York
Certain stockholders named in Schedule 2 hereto (the “Selling Stockholders”) of Silk Road Medical, Inc., a Delaware corporation (the “Company”), propose to sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [ l ] shares of common stock, par value $0.001 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [ l ] shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
Sunnyvale, CA 94089 Re: Confirmatory Employment Letter Dear Erica:Confirmatory Employment Letter • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus
This letter agreement (the “Agreement”) is entered into between Erica Rogers (“you”) and Silk Road Medical, Inc. (the “Company” or “we”), effective as of March 21, 2019 (the “Effective Date”), to confirm the terms and conditions of your employment with the Company as of the Effective Date. This Agreement supersedes and replaces any and all employment terms, compensation, or benefits you may have had or to which you may have been entitled prior to the Effective Date.
CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • California
This Change in Control and Severance Agreement (the "Agreement") is made between Silk Road Medical, Inc. (the "Company") and Lucas Buchanan (the "Executive"), effective as of March 21, 2019 (the "Effective Date").
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT BY AND AMONG WARBURG PINCUS PRIVATE EQUITY X, L.P., WARBURG PINCUS X PARTNERS, L.P., VERTICAL FUND I, L.P. VERTICAL FUND II, L.P. OTHER INVESTORS SET FORTH ON SCHEDULE A HERETO AND SILK ROAD MEDICAL,...Registration Rights Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • Delaware
This Amended and Restated Registration Rights Agreement (the “Agreement”) is made, entered into and effective July 7, 2017, by and among Warburg Pincus Private Equity X, L.P. (“WPX”), Warburg Pincus X Partners, L.P. (“WPXP” and, together with WPX, “WP”), Vertical Fund I, L.P. and Vertical Fund II, L.P. (collectively, “TVG”), the other investors set forth on Schedule A hereto, and Silk Road Medical, Inc., a Delaware corporation (including any of its successors by merger, acquisition, reorganization, conversion or otherwise (the “Company”)).
AMENDED AND RESTATED MANUFACTURING AND SUPPLY AGREEMENTManufacturing Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • New York
This Amended and Restated Manufacturing and Supply Agreement (this “Agreement”) is entered into as of January 10, 2018 (the “Amendment Effective Date”), by and between Silk Road Medical, Inc., a corporation duly organized and existing under the laws of the State of Delaware and having its principal office at 735 North Pastoria Avenue, Sunnyvale, CA 94085 (“Silk Road Medical”), and Galt Medical Corporation, a Texas corporation having a place of business at 2220 Merritt Drive, Garland, Texas 75041 (“Supplier”), and amends and restates in its entirety that certain Manufacturing and Supply Agreement, effective as of September 18, 2014 (the “Effective Date”), by and between the Parties (the “Original Agreement”). Each of Silk Road Medical and Supplier is referred to herein by name or as a “Party,” and, collectively, as the “Parties.”
Supply AgreementSupply Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus
This Supply Agreement (“Agreement”) is entered into as of the Effective Date by and between Cordis Corporation, a corporation duly organized and existing under the laws of the state of Florida and having its principal office at 430 Route 22 East, Bridgewater, NJ 08807-0908 (“Cordis” and a “Party”), and Silk Road Medical, Inc., a corporation duly organized and existing under the laws of the state of Delaware and having its principal office at 735 North Pastoria Avenue, Sunnyvale, California 94085 (“SRM”, a “Party”, and collectively with Cordis, the “Parties”).
AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • Delaware
This Amended and Restated Stockholders Agreement (this “Agreement”) is dated as of this 7th day of July, 2017 and entered into by and among the institutional investors listed on Schedule I hereto (the “Institutional Investors”); the individuals whose names and addresses appear from time to time on Schedule II hereto (the “Other Investors”); and Silk Road Medical, Inc., a Delaware corporation (the “Company”). The Institutional Investors and the Other Investors are hereinafter each referred to as an “Investor” and collectively referred to as the “Investors”.
TERM LOAN AGREEMENTTerm Loan Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • New York
TERM LOAN AGREEMENT, dated as of October 13, 2015 (as amended, restated, modified or otherwise supplemented from time to time, this “Agreement”), among SILK ROAD MEDICAL, INC., a Delaware corporation (“Borrower”), the SUBSIDIARY GUARANTORS from time to time party hereto and the Lenders from time to time party hereto.
QUALITY ASSURANCE AGREEMENTQuality Assurance Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • Minnesota
THIS QUALITY ASSURANCE AGREEMENT (this “Agreement”) is entered into and made effective this _4th day of _May __, 2015 (the “Effective Date”) by and between Silk Road Medical (collectively “Silk Road Medical”) and Accellent, Inc. d/b/a Lake Region Medical and affiliates (“Lake Region”).
LICENSE AGREEMENTLicense Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • New Jersey
This License Agreement (“Agreement”) is entered into as of the Effective Date by and between Cordis Corporation, a corporation duly organized and existing under the laws of the state of Florida and having its principal office at 430 Route 22 East, Bridgewater, NJ 088070908 (“Cordis” and a “Party”), and Silk Road Medical, Inc., a corporation duly organized and existing under the laws of the state of Delaware and having its principal office at 735 North Pastoria Avenue, Sunnyvale, California 94085 (“SRM”, a “Party”, and collectively with Cordis, the “Parties”).
SILK ROAD MEDICAL, INC. AMENDMENT TORegistration Rights Agreement • August 6th, 2019 • Silk Road Medical Inc • Surgical & medical instruments & apparatus • Delaware
This Amendment to the Amended and Restated Registration Rights Agreement (this “Amendment”) is made and entered into as of March 21, 2019, by and among Silk Road Medical, Inc., a Delaware corporation (the “Company”), and the persons and entities listed on the signature pages attached hereto. This Amendment amends that certain Amended and Restated Registration Rights Agreement (the “Rights Agreement”) dated as of July 7, 2017, by and among the Company, Warburg Pincus Private Equity X, L.P., Warburg Pincus X Partners, L.P., Vertical Fund I, L.P. and Vertical Fund II, L.P., the other investors set forth on Schedule A attached thereto. Capitalized terms not otherwise defined herein have the respective meanings given to them in the Rights Agreement.
