Notice and Waiver Sample Contracts

NOTICE AND WAIVER
Notice and Waiver • August 27th, 2021 • Athyrium Capital Management, LP • Services-medical laboratories

Reference is made to that certain Fourth Amended and Restated Investors’ Rights Agreement, dated as of August 27, 2019, as amended by Amendment No. 1 on November 10, 2020, as further amended by Amendment No. 2 on December 7, 2020, and as further amended by Amendment No. 3 on May 31, 2021, by and among Progenity, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Notice and Waiver (the “Waiver”) as an “Investor” (the “Investors’ Rights Agreement”).

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NOTICE AND WAIVER
Notice and Waiver • November 26th, 2021 • Athyrium Opportunities 2020 LP • Services-medical laboratories

Reference is made to that certain Fourth Amended and Restated Investors’ Rights Agreement, dated as of August 27, 2019, as amended by Amendment No. 1 on November 10, 2020, as further amended by Amendment No. 2 on December 7, 2020, and as further amended by Amendment No. 3 on May 31, 2021, by and among Progenity, Inc., a Delaware corporation (the “Company”), and certain investors party thereto (the “Investors’ Rights Agreement”).

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