CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASEConfidential Settlement Agreement and General Release • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
This Confidential Settlement Agreement and General Release (“AGREEMENT”) is entered into by and between KIM KELDERMAN (“KELDERMAN”) and OCULUS INNOVATIVE SCIENCES, INC. (“OCULUS” or “DEFENDANT”), (collectively “PARTIES”), and with respect to the investor representations and warrants in paragraph 3 and the provisions of paragraph 18 only, McGuinn, Hllsinan and Paiefsky (“MCGUINN”).
Translation from Spanish)Oculus Innovative Sciences, Inc. • December 1st, 2006 • Surgical & medical instruments & apparatus
AGREEMENT ENTERED INTO BY MR. JORGE AHUMADA AYALA AND FERNANDO AHUMADA AYALA, IN THEIR OWN RIGHT, HEREINAFTER JOINTLY REFERRED TO AS “THE PLAINTIFF”, AND BY THE PUBLIC ACCOUNTANT, EVERARDO GARIBAY RAMIREZ, AS ATTORNEY-IN-FACT OF THE COMPANY NAMED: OCULUS TECHNOLOGIES OF MEXICO, S.A. DE C.V. (CORPORATION OF VARIABLE CAPITAL), HEREINAFTER REFERRED TO AS “THE DEFENDANT”, IN ACCORDANCE WITH THE FOLLOWING REPRESENTATIONS AND CLAUSES:
OCULUS INNOVATIVE SCIENCES, INC. AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENTInvestors Rights Agreement • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
THIS AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT (this “Agreement”) is made and entered into effective as of the 14th day of September, 2006, by and among (i) Oculus Innovative Sciences, Inc., a California corporation (the “Company”), (ii) those parties (each an “Existing Series A Investor” and collectively the “Existing Series A Investors”) listed on Schedule A attached to that certain Series A Preferred Shares Investors’ Rights Agreement previously entered into by and among such Series A Existing Investors and the Company (the “Prior Series A IRA”) and those parties (each an “Existing Series B Investor” and collectively the “Existing Series B Investors”) listed on Schedule A attached to that certain Series B Preferred Shares Investor Right Agreement (the “Prior Series B IRA” and, together with the Prior Series A IRA, the “Prior Agreements”), (iii) those parties as set forth in Schedule A attached hereto (each a “New Investor” and collectively the “New Investors”), and (iv) the in
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
This Security Agreement (the “Agreement”) is made as of November 7, 2006 by and between Oculus Innovative Sciences, Inc., a California corporation (the “Debtor”) in favor of R.C. Burlingame, as an individual (the “Secured Party”).
ContractOculus Innovative Sciences, Inc. • December 1st, 2006 • Surgical & medical instruments & apparatus • California
THIS NOTE IS SUBJECT TO THE TERMS OF THAT CERTAIN SUBORDINATION AGREEMENT ENTERED INTO AS OF NOVEMBER 7, 2006 BY AND AMONG OCULUS INNOVATIVE SCIENCES, INC., VENTURE LENDING & LEASING IV, INC., VENTURE LENDING & LEASING III, LLC, AS SUCCESSOR IN INTEREST TO VENTURE LENDING & LEASING III, INC., AND PAYMENT HEREOF IS SUBORDINATE TO THE PAYMENT OF ALL THE LENDERS OBLIGATIONS (AS DEFINED THEREIN).
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION. EXCLUSIVE MARKETING AGREEMENTExclusive Marketing Agreement • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus
This Agreement, dated as of December 5, 2005, is made and entered into by and between: Alkem Laboratories Ltd, a company incorporated under the laws of the Republic of India (hereinafter referred to as “Alkem”) and Oculus Innovative Sciences, Inc., a company incorporated under the laws of the State of California, USA (hereinafter referred to as “Supplier”);
SUBORDINATION AGREEMENT (“Agreement”)Subordination Agreement • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
Each of the undersigned persons and any other party signatory hereto as a Creditor (singly and collectively, “Creditor”), is interested in the financial success of OCULUS INNOVATIVE SCIENCES, INC. (“Debtor”) and acknowledges that VENTURE LENDING & LEASING IV, INC. and VENTURE LENDING & LEASING III, LLC, as successor in interest to VENTURE LENDING & LEASING III, INC. (“Lenders”) have entered or are presently intending to enter into certain financing arrangements with Debtor. Each Creditor agrees that the financing arrangements between Lenders and each of them, and Debtor are in Debtor’s and Creditor’s best interests and, in order to induce Lenders and each of them, to continue such financing arrangements, Creditor agrees as follows:
Consulting AgreementConsulting Agreement • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus
THIS AGREEMENT (this “Agreement”) made and entered into this 9th Day of November by and between OCULUS INNOVATIVE SCIENCES INC. (hereinafter “Oculus”), a California Corporation and Robert C. Burlingame (hereinafter “Advisor”).
DIRECTOR AGREEMENTDirector Agreement • December 1st, 2006 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
THIS DIRECTOR AGREEMENT (“Agreement”) is dated for reference purposes only as of this 8th day of November 2006, by and between ROBERT C. BURLINGAME (the “Director”) and OCULUS INNOVATIVE SCIENCES, INC., a California corporation (the “Company”), and, subject to the prior amendment of Section 2.10 of the Bylaws, shall become effective as of the date the requisite affirmative vote of the holders of Series A Preferred Stock of the Company in favor of the election of Director shall be obtained (the “Effective Date”) .
