June 7, 2007 CryoCath Technologies Inc. 16771 Chemin Ste-Marie Montreal, Quebec H9H 5H3 Canada ATS Medical, Inc. 3905 Annapolis Lane #105 Minneapolis, MN 55447 Ladies and Gentlemen:Bifurcation Agreement • June 25th, 2007 • Ats Medical Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
This letter (this “Letter Agreement”) shall serve as evidence of our agreement to the bifurcation of the Asset Purchase and Technology License Agreement between CryoCath Technologies, Inc. (“CryoCath”) and Endocare, Inc. (“Endocare”) dated April 14, 2003 (the “Existing CryoCath Agreement”) and the assignment of one of the two resulting bifurcated agreements to ATS Medical, Inc. (“ATS”), all on the terms and subject to the conditions set forth in this letter. Capitalized terms used but not otherwise defined herein shall have the respective definitions given to such terms in the Existing CryoCath Agreement.
