THIRD AMENDMENT TO LEASE THIS THIRD AMENDMENT TO LEASE is dated for reference purposes only as March 29, 2002, and is part of that Lease dated January 27, 2000 together with the Summary of Basic Lease Terms, the First and Second Addendums To Lease,...Lease • April 23rd, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus
KYPHON INC.Indemnification Agreement • April 8th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • Delaware
KYPHON INC.Loan Agreement • March 4th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • Delaware
AMENDMENT AGREEMENTAmendment Agreement • March 4th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus
KYPHON INC.Indemnification Agreement • September 13th, 2000 • Kyphon Inc • Delaware
Kyphon Inc. Common StockPurchase Agreement • April 23rd, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • Minnesota
EXHIBIT 10.11 AMENDED AND RESTATED STOCKHOLDER RIGHTS AGREEMENT ------------------------------------------------- This Amended and Restated Stockholder Rights Agreement ("Agreement") is effective as of December 14, 1999 by and between Kyphon Inc., a...Stockholder Rights Agreement • March 4th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • Delaware
CREDIT AGREEMENT Dated as of January 18, 2007 among KYPHON INC., and CERTAIN SUBSIDIARIES, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and The Other Lenders Party Hereto BANC OF AMERICA SECURITIES...Credit Agreement • January 24th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of January 18, 2007, among KYPHON INC., a Delaware corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.15 (each a “Designated Borrower”) and, together with the Company, the “Borrowers” and, each a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
CREDIT AGREEMENT Dated as of October 20, 2006 among KYPHON INC., and CERTAIN SUBSIDIARIES, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, LASALLE BANK NATIONAL ASSOCIATION, as Syndication Agent, WELLS...Credit Agreement • October 24th, 2006 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of October 20, 2006, among KYPHON INC., a Delaware corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.14 (each a “Designated Borrower”) and, together with the Company, the “Borrowers” and, each a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
Kyphon Inc. $200,000,000 1.00% Convertible Senior Subordinated Notes Due 2012 $200,000,000 1.25% Convertible Senior Subordinated Notes Due 2014 Registration Rights AgreementRegistration Rights Agreement • February 12th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of February 1, 2007, by and among Kyphon Inc., a Delaware corporation (the “Company”), and J.P. Morgan Securities Inc., Goldman, Sachs & Co. and Banc of America Securities LLC acting on behalf of the several parties (the “Initial Purchasers”) named in Schedule I to that certain Purchase Agreement, dated as of January 31, 2007 (the “Purchase Agreement”) among the Company and you, as representatives of the Initial Purchasers.
SEVERANCE AGREEMENTSeverance Agreement • September 21st, 2006 • Kyphon Inc • Surgical & medical instruments & apparatus • California
This Agreement, effective as of September 20, 2006 (“Effective Date”), is entered into by and between Kyphon Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and Maureen Lamb (the “Executive”).
KYPHON INC., AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE 1.00% Convertible Senior Notes due 2012 1.25% Convertible Senior Notes due 2014 INDENTURE Dated as of February 6, 2007Purchase • February 12th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
INDENTURE dated as of February 6, 2007, among KYPHON INC., a Delaware corporation (the “Company”) and U.S. BANK NATIONAL ASSOCIATION, as Trustee (the “Trustee”).
ASSET PURCHASE AGREEMENT (Non-Vertebroplasty Assets) dated as of December 20, 2006 by and among DISC-O-TECH MEDICAL TECHNOLOGIES LTD. (IN LIQUIDATION) DISCOTECH ORTHOPEDIC TECHNOLOGIES INC. and KYPHON INC. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN...Asset Purchase Agreement • February 28th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
This Asset Purchase Agreement, dated as of December 20, 2006 (this "Agreement"), is by and among Kyphon Inc., a Delaware corporation (the "Purchaser"), on the one hand, and Disc-O-Tech Medical Technologies Ltd., an Israeli company (in liquidation) (the "Company") and Discotech Orthopedic Technologies Inc., a Delaware corporation and wholly owned subsidiary of the Company (the "Subsidiary" and, together with the Company, the "Seller Parties"), on the other hand.
KYPHON Inc. 2002 STOCK PLAN STOCK PURCHASE RIGHT GRANT NOTICE AND RESTRICTED STOCK PURCHASE AGREEMENTRestricted Stock Purchase Agreement • February 28th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • California
Kyphon Inc., a Delaware corporation, (the "Company"), pursuant to its 2002 Stock Plan, as amended from time to time (the "Plan"), hereby grants to the individual listed below ("Participant") the right to purchase the number of shares of the Company's Common Stock set forth below (the "Shares") at the purchase price set forth below (the "Stock Purchase Right"). This Stock Purchase Right is subject to all of the terms and conditions set forth herein and in the Restricted Stock Purchase Agreement attached hereto as Exhibit A (the "Restricted Stock Agreement") (including without limitation the Restrictions on the Shares set forth in the Restricted Stock Agreement) and the Plan, each of which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Restricted Stock Agreement.
CREDIT AGREEMENT ($300,000,000 Revolving Credit Facility) dated as of November 2, 2007 between KYPHON INC., as Borrower, and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. as LenderCredit Agreement • November 7th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • New York
KYPHON INC., a Delaware corporation (the “Borrower”) and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. (the “Lender”), hereby agree as follows:
STOCK PURCHASE AGREEMENT VERTRAG ÜBER DEN KAUF UND DIE ABTRETUNG VON GESCHÄFTSANTEILENStock Purchase Agreement • March 7th, 2003 • Kyphon Inc • Surgical & medical instruments & apparatus
KYPHON-BRI SUBLICENSE AGREEMENTKyphon-Bri Sublicense Agreement • November 13th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • Illinois
This KYPHON-BRI Sublicense Agreement (this “Agreement”), is made and entered into as of this 19th day of August, 2002 (hereinafter “Effective Date”), by and between Bonutti Research Inc., an Illinois corporation (hereinafter “BRI”), and KYPHON Inc., a Delaware corporation (“KYPHON”).
KYPHON INC. RICHARD MOTT EMPLOYMENT AGREEMENTRichard Mott Employment Agreement • November 13th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • California
This Agreement is entered into as of September 3, 2002 (the “Effective Date”) by and between Kyphon Inc. (the “Company”) and Richard Mott (“Executive”).
Guaranty (unsecured) Guaranty, in favor of CREDIT SUISSE, a Swiss banking corporation (together with its successors and assigns, hereinafter the “Bank”), made by the undersigned1Kyphon Inc • May 31st, 2006 • Surgical & medical instruments & apparatus • Delaware
Kyphon Inc., a corporation organized under the laws of the State of Delaware, U.S.A., having its principal business office at Sunnyvale, California, U.S.A.
LEASE AGREEMENT BY AND BETWEEN MOFFETT OFFICE PARK INVESTORS LLC, a Delaware limited liability company AS LANDLORD and KYPHON INC., a Delaware corporation AS TENANT DATED September 18, 2003Lease Agreement • November 14th, 2003 • Kyphon Inc • Surgical & medical instruments & apparatus • California
THIS LEASE AGREEMENT is made and entered into by and between Landlord and Tenant on the Lease Date. The defined terms used in this Lease which are defined in the Basic Lease Information attached to this Lease Agreement (“Basic Lease Information”) shall have the meaning and definition given them in the Basic Lease Information. The Basic Lease Information, the exhibits, the addendum or addenda described in the Basic Lease Information, and this Lease Agreement are and shall be construed as a single instrument and are referred to herein as the “Lease”.
First Amendment to Lease AgreementTo Lease Agreement • November 2nd, 2005 • Kyphon Inc • Surgical & medical instruments & apparatus
This First Amendment to Lease Agreement (this "Amendment") is made as of September 28, 2005, by and between Moffett Office Park Investors llc, a Delaware limited liability company ("Landlord"), and Kyphon Inc., a Delaware corporation ("Tenant").
KYPHON INC.Gary Grenter Employment Agreement • March 4th, 2002 • Kyphon Inc • Surgical & medical instruments & apparatus • California
AGREEMENT AND PLAN OF MERGER BY AND AMONG KYPHON INC. NEPTUNE ACQUISITION SUB, INC. AND ST. FRANCIS MEDICAL TECHNOLOGIES, INC. AND WITH RESPECT TO ARTICLE VII ONLY PHILIP M. YOUNG AS STOCKHOLDERS’ REPRESENTATIVE Dated as of December 4, 2006Agreement and Plan of Merger • January 24th, 2007 • Kyphon Inc • Surgical & medical instruments & apparatus • California
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of December 4, 2006, by and among Kyphon Inc., a Delaware corporation (“Parent”), Neptune Acquisition Sub, Inc., a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and St. Francis Medical Technologies, Inc., a Delaware corporation (the “Company”), and with respect to Article VII only, Philip M. Young, as Stockholders’ Representative.
