Temporary Waiver and Exchange Agreement and Temporary Amendment to Facility Agreement Sample Contracts

AMENDMENT NO. 2 TO TEMPORARY WAIVER AND EXCHANGE AGREEMENT AND TEMPORARY AMENDMENT TO FACILITY AGREEMENT
Temporary Waiver and Exchange Agreement and Temporary Amendment to Facility Agreement • January 29th, 2024 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies

This AMENDMENT NO. 2 TO TEMPORARY WAIVER AND EXCHANGE AGREEMENT AND TEMPORARY AMENDMENT TO FACILITY AGREEMENT (this “Agreement”), dated as of January 28, 2024, is by and among Sientra, Inc., a Delaware corporation (the “Borrower”), the other Loan Parties (as defined in the Facility Agreement (as defined below)) signatory hereto, and Deerfield Partners, L.P., in its capacity as Agent for the Lenders (in such capacity, the “Agent”) and as a lender (the “Lender”). Capitalized terms used but not otherwise defined in this Agreement shall have the respective meanings given to them in the Temporary Waiver and Exchange Agreement (as defined below) or the Facility Agreement, as applicable.

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