Common use of Debt Documents Clause in Contracts

Debt Documents. AGREEMENTS 1. Credit Agreement Katten ☒ ABL Borrowers ☒ ABL Agent ☒ ABL Lender Executed Schedules to Credit Agreement Final Schedule A-1 – Agent’s Account Credit Parties/DLA N/A Schedule A-2 – Authorized Person Credit Parties/DLA N/A Schedule C-1 – Commitments Credit Parties/DLA N/A Schedule D-1 – Designated Account Credit Parties/DLA N/A Schedule E-1 – Approved Account Debtor Credit Parties/DLA N/A Schedule P-1 – Existing Investments Credit Parties/DLA N/A Schedule 4.01(d) – Existing Liens Credit Parties/DLA N/A Schedule 4.01(f) – Existing Indebtedness Credit Parties/DLA N/A Schedule 4.03 – Litigation Credit Parties/DLA N/A Schedule 4.06 – Real Estate Credit Parties/DLA N/A Schedule 4.07 – Intellectual Property Credit Parties/DLA N/A Schedule 4.15 – Borrower’s Subsidiaries Credit Parties/DLA N/A Schedule 4.17 – Borrower’s Outstanding Shares of Stock, Options and Warrants Credit Parties/DLA N/A Schedule 4.18 – Material Contracts Credit Parties/DLA N/A Schedule 4.20 – Environmental Credit Parties/DLA N/A Schedule 4.22 – Labor Relations Credit Parties/DLA N/A Schedule 4.23 – Jurisdiction of Organization, Legal Name, Organizational Identification Number and Chief Executive Office Credit Parties/DLA N/A Schedule 4.33(a) – FDA/ Governmental Notices Credit Parties/DLA N/A Schedule 4.41 – Stock of the Subsidiaries of the Loan Parties Credit Parties/DLA N/A Schedule 4.45 – Inventory Location Credit Parties/DLA N/A Schedule 6.05 – Contingent Obligations Credit Parties/DLA N/A Schedule 6.07 – Transactions with Affiliates Credit Parties/DLA N/A Exhibits to Credit Agreement Exhibit A -1 — Form of Assignment and Acceptance Katten N/A Final Exhibit B-1 – Form of Borrowing Base Certificate (Agent) Katten N/A Final Exhibit B-2 – Form of Borrowing Base Certificate (Third Party Agent) Katten N/A Final Exhibit C-1 – Form of Compliance Certificate Katten N/A Final Exhibit P-1 – Form of Perfection Certificate Katten N/A Final 2. Original Notes in favor of each ABL Lender Katten ☒ ABL Borrower Executed 3. Guaranty and Security Agreement Katten ☒ ABL Borrowers Executed ☒ ABL Agent Schedules to Guaranty and Security Agreement DLA Schedule 1 – Pledged Equity and Pledged Debt Instruments Schedule 1A – Pledged Investment Property Schedule 2 – Filings and Perfection Schedule 3 – Grantor Information Schedule 4 – Places of Business / Location of Collateral Schedule 5 – Commercial Tort Claims Schedule 6 - Accounts Schedule 7 – Real Property Schedule 8 - Copyrights Schedule 9 – Intellectual Property Licenses Schedule 10 - Patents Schedule 11 - Trademarks Annexes to Guaranty and Security Agreement Annex I – Form of Joinder and Security Agreement 4. Perfection Certificate Katten (form)/Credit Parties/DLA (substance) See above See above 5. UCC-1 Financing Statements for each Credit Party Katten N/A Agreed 6. Executed Insurance Certificates of the Credit Parties and their Subsidiaries evidencing liability and casualty insurance, naming the ABL Agent on behalf of the Secured Parties as additional insured (liability insurance) or lender’s loss payee (casualty insurance) and providing for 30 days’ prior written notice before any such policy may be modified or cancelled (or 10 days’ prior written notice in the case of failure to pay any premiums thereunder) DLA ☒ Insurance Broker Final (revised versions to come post-closing removing Trivascular Canada)

Debt Documents. AGREEMENTS 1. Credit Amended and Restated Facility Agreement Katten ☒ ABL Borrowers Term Borrower ☒ ABL Term Guarantors ☒ Term Agent ☒ ABL Lender Executed Term Lenders Katten revised draft 8/8 Annexes to Amended and Restated Facility Agreement Disbursement Amount and Warrants Katten N/A Schedules to Credit Amended and Restated Facility Agreement Final Schedule A-1 – Agent’s Account Credit P-1—Existing Investments Loan Parties/DLA N/A Schedule A-2 – Authorized Person Credit 2.4—List of Agreement Date Lenders and Such Lenders’ Wire Instructions and Information for Notices Katten/Agent N/A Schedule 3.1(d)—Existing Liens Loan Parties/DLA N/A Schedule C-1 – Commitments Credit 3.1(f)—Existing Indebtedness Loan Parties/DLA N/A Schedule D-1 – Designated Account Credit 3.1(h)—Litigation Loan Parties/DLA N/A Schedule E-1 – Approved Account Debtor Credit 3.1(j)—Authorizations Loan Parties/DLA N/A Schedule P-1 – Existing Investments Credit 3.1(m)—Real Estate Loan Parties/DLA N/A Schedule 4.01(d) – Existing Liens Credit 3.1(n)—Intellectual Property Loan Parties/DLA N/A Schedule 4.01(f) – Existing Indebtedness Credit 3.1(x)—Borrower’s Subsidiaries Loan Parties/DLA N/A Schedule 4.03 – Litigation Credit Parties/DLA N/A Schedule 4.06 – Real Estate Credit Parties/DLA N/A Schedule 4.07 – Intellectual Property Credit Parties/DLA N/A Schedule 4.15 – Borrower’s Subsidiaries Credit Parties/DLA N/A Schedule 4.17 – Borrower3.1(z)—Borrower’s Outstanding Shares of Stock, Options and Warrants Credit Loan Parties/DLA N/A Schedule 4.18 – Material 3.1(aa)—Material Contracts Credit Loan Parties/DLA N/A Schedule 4.20 – Environmental Credit 3.1(dd)—Environmental Loan Parties/DLA N/A Schedule 4.22 – Labor 3.1(ff)—Labor Relations Credit Loan Parties/DLA N/A Schedule 4.23 – Jurisdiction 3.1(gg)—Jurisdiction of Organization, Legal Name, Organizational Identification Number and Chief Executive Office Credit Loan Parties/DLA N/A Schedule 4.33(a) – FDA/ Governmental Notices Credit 3.1(jjj)—Stock of the Subsidiaries of the Loan Parties Loan Parties/DLA N/A Schedule 4.41 – Stock of the Subsidiaries of the 3.1(hh)—Inventory Locations Loan Parties Credit Parties/DLA N/A Schedule 4.45 – Inventory Location Credit 3.1(uu)— FDA/Governmental Notices Loan Parties/DLA N/A Schedule 6.05 – Contingent 5.1(q)—Other Loan Documents to Be Form 8-K Exhibits Katten N/A Schedule 5.2(iv)—Contingent Obligations Credit Loan Parties/DLA N/A Schedule 6.07 – Transactions 5.2(vii)—Transactions with Affiliates Credit Loan Parties/DLA N/A Exhibits to Credit Amended and Restated Facility Agreement Exhibit A -1 — A-1—Form of Assignment and Acceptance First Out Waterfall Note Katten N/A Final Exhibit B-1 – A-2—Form of Borrowing Base Certificate (Agent) Last Out Waterfall Note Katten N/A Final Exhibit B-2 – B—Form of Borrowing Base Perfection Certificate (Third Party Agent) Katten N/A Final Exhibit C-1 – C-1—Form of Initial Warrant Katten N/A Final Exhibit C-2—Form of Additional Warrant Katten N/A Final Exhibit D—Closing Checklist Katten N/A Final Exhibit E—Form of Amended and Restated Registration Rights Agreement Katten N/A Final Exhibit F—Form of Compliance Certificate Katten N/A Final Exhibit P-1 – Form of Perfection Certificate 2.6—Share Payment Provisions Katten N/A Final 2. Original First Out Waterfall Notes in favor of each ABL Term Lender Katten ☒ ABL Term Borrower Executed 3. Last Out Waterfall Note for Deerfield Partners, ▇.▇. ▇▇▇▇▇▇ ☒ Term Borrower Executed 4. Amended and Restated Guaranty and Security Agreement Katten ☒ ABL Borrowers Term Borrower ☒ Term Guarantors ☒ Term Agent Executed ☒ ABL Agent Schedules to Amended and Restated Guaranty and Security Agreement DLA Final Schedule 1 – 1–Pledged Equity and Pledged Debt Instruments Loan Parties/DLA N/A Schedule 1A – 1A—Pledged Investment Property Loan Parties/DLA N/A Schedule 2 – 2—Filings and Perfection Loan Parties/DLA N/A Schedule 3 – 3—Grantor Information Loan Parties/DLA N/A Schedule 4 – 4—Places of Business / Business/Location of Collateral Loan Parties/DLA N/A Schedule 5 – 5—Commercial Tort Claims Loan Parties/DLA N/A Schedule 6 - 6—Accounts Loan Parties/DLA N/A Schedule 7 – 7—Real Property Loan Parties/DLA N/A Schedule 8 - 8—Copyrights Loan Parties/DLA N/A Schedule 9 – 9—Intellectual Property Licenses Loan Parties/DLA N/A Schedule 10 - 10—Patents Loan Parties/DLA N/A Schedule 11 - 11—Trademarks Annexes to Guaranty and Security Agreement Annex I – Form of Joinder and Security AgreementLoan Parties/DLA N/A 45. Perfection Certificate Katten (form)/Credit form)/Loan Parties/DLA (substance) See above See above☒ Term Borrower ☒ Term Guarantors Executed 56. UCC-1 Financing Statements for each Credit Party Endologix Canada, LLC Katten N/A Agreed 6Recorded 7. Executed Insurance Certificates of the Credit Parties and their Subsidiaries evidencing liability and casualty insuranceUCC-3 Financing Statement for Endologix Canada, naming the ABL Agent on behalf of the Secured Parties as additional insured (liability insurance) or lender’s loss payee (casualty insurance) and providing for 30 days’ prior written notice before any such policy may be modified or cancelled (or 10 days’ prior written notice in the case of failure to pay any premiums thereunder) DLA ☒ Insurance Broker Final (revised versions to come post-closing removing Trivascular Canada)LLC Katten N/A Recorded

Debt Documents. AGREEMENTS 1. Credit Amended and Restated Facility Agreement Katten ☒ ABL Borrowers ☒ ABL Term Borrower Term Guarantors Term Agent ☒ ABL Lender Executed Term Lenders Katten revised draft 8/8 Annexes to Amended and Restated Facility Agreement Disbursement Amount and Warrants Katten N/A Schedules to Credit Amended and Restated Facility Agreement Final Schedule A-1 – Agent’s Account Credit P-1—Existing Investments Loan Parties/DLA N/A Schedule A-2 – Authorized Person Credit 2.4—List of Agreement Date Lenders and Such Lenders’ Wire Instructions and Information for Notices Katten/Agent N/A Schedule 3.1(d)—Existing Liens Loan Parties/DLA N/A Schedule C-1 – Commitments Credit 3.1(f)—Existing Indebtedness Loan Parties/DLA N/A Schedule D-1 – Designated Account Credit 3.1(h)—Litigation Loan Parties/DLA N/A Schedule E-1 – Approved Account Debtor Credit 3.1(j)—Authorizations Loan Parties/DLA N/A Schedule P-1 – Existing Investments Credit 3.1(m)—Real Estate Loan Parties/DLA N/A Schedule 4.01(d) – Existing Liens Credit 3.1(n)—Intellectual Property Loan Parties/DLA N/A Schedule 4.01(f) – Existing Indebtedness Credit 3.1(x)—Borrower’s Subsidiaries Loan Parties/DLA N/A Schedule 4.03 – Litigation Credit Parties/DLA N/A Schedule 4.06 – Real Estate Credit Parties/DLA N/A Schedule 4.07 – Intellectual Property Credit Parties/DLA N/A Schedule 4.15 – Borrower’s Subsidiaries Credit Parties/DLA N/A Schedule 4.17 – Borrower3.1(z)—Borrower’s Outstanding Shares of Stock, Options and Warrants Credit Loan Parties/DLA N/A Schedule 4.18 – Material 3.1(aa)—Material Contracts Credit Loan Parties/DLA N/A Schedule 4.20 – Environmental Credit 3.1(dd)—Environmental Loan Parties/DLA N/A Schedule 4.22 – Labor 3.1(ff)—Labor Relations Credit Loan Parties/DLA N/A Schedule 4.23 – Jurisdiction 3.1(gg)—Jurisdiction of Organization, Legal Name, Organizational Identification Number and Chief Executive Office Credit Loan Parties/DLA N/A Schedule 4.33(a) – FDA/ Governmental Notices Credit 3.1(jjj)—Stock of the Subsidiaries of the Loan Parties Loan Parties/DLA N/A Schedule 4.41 – Stock of the Subsidiaries of the 3.1(hh)—Inventory Locations Loan Parties Credit Parties/DLA N/A Schedule 4.45 – Inventory Location Credit 3.1(uu)—FDA/Governmental Notices Loan Parties/DLA N/A Schedule 6.05 – Contingent 5.1(q)—Other Loan Documents to Be Form 8-K Exhibits Katten N/A Schedule 5.2(iv)—Contingent Obligations Credit Loan Parties/DLA N/A Schedule 6.07 – Transactions 5.2(vii)—Transactions with Affiliates Credit Loan Parties/DLA N/A Exhibits to Credit Amended and Restated Facility Agreement Exhibit A -1 — A-1—Form of Assignment and Acceptance First Out Waterfall Note Katten N/A Final Exhibit B-1 – A-2—Form of Borrowing Base Certificate (Agent) Last Out Waterfall Note Katten N/A Final Exhibit B-2 – B—Form of Borrowing Base Perfection Certificate (Third Party Agent) Katten N/A Final Exhibit C-1 – C-1—Form of Initial Warrant Katten N/A Final Exhibit C-2—Form of Additional Warrant Katten N/A Final Exhibit D—Closing Checklist Katten N/A Final Exhibit E—Form of Amended and Restated Registration Rights Agreement Katten N/A Final Exhibit F—Form of Compliance Certificate Katten N/A Final Exhibit P-1 – Form of Perfection Certificate 2.6—Share Payment Provisions Katten N/A Final 2. Original First Out Waterfall Notes in favor of each ABL Term Lender Katten ☒ ABL Term Borrower Executed 3. Guaranty and Security Agreement Katten ☒ ABL Borrowers Executed ☒ ABL Agent Schedules to Guaranty and Security Agreement DLA Schedule 1 – Pledged Equity and Pledged Debt Instruments Schedule 1A – Pledged Investment Property Schedule 2 – Filings and Perfection Schedule 3 – Grantor Information Schedule 4 – Places of Business / Location of Collateral Schedule 5 – Commercial Tort Claims Schedule 6 - Accounts Schedule 7 – Real Property Schedule 8 - Copyrights Schedule 9 – Intellectual Property Licenses Schedule 10 - Patents Schedule 11 - Trademarks Annexes to Guaranty and Security Agreement Annex I – Form of Joinder and Security Agreement 4Last Out Waterfall Note for Deerfield Partners, ▇.▇. Perfection Certificate Katten (form)/Credit Parties/DLA (substance) See above See above 5. UCC-1 Financing Statements for each Credit Party Katten N/A Agreed 6. Executed Insurance Certificates of the Credit Parties and their Subsidiaries evidencing liability and casualty insurance, naming the ABL Agent on behalf of the Secured Parties as additional insured (liability insurance) or lender’s loss payee (casualty insurance) and providing for 30 days’ prior written notice before any such policy may be modified or cancelled (or 10 days’ prior written notice in the case of failure to pay any premiums thereunder) DLA ☒ Insurance Broker Final (revised versions to come post-closing removing Trivascular Canada)▇▇▇▇▇▇ Term Borrower Executed