Globus Medical Inc Sample Contracts

Globus Medical Inc – REVOLVING LINE OF CREDIT NOTE (August 1st, 2019)

FOR VALUE RECEIVED, the undersigned GLOBUS MEDICAL, INC. and GLOBUS MEDICAL NORTH AMERICA, INC. ("Borrower")promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") at its office at MAC Y1392-080 , 300 Barr Harbor Drive, 8111 Floor , Suite 850, Conshohocken, Pennsylvania 19428, or at such other place as the holder hereof may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of One Hundred Twenty-Five Million Dollars ($125,000,000.00), or so much thereof as may be advanced and be outstanding pursuant to the terms of the Credit Agreement, as defined herein, with interest thereon, to be computed on each advance from the date of its disbursement as set forth herein.

Globus Medical Inc – REVOLVING LINE OF CREDIT NOTE $125,000,000.00 Conshohocken, Pennsylvania June 1, 2018 (August 2nd, 2018)

FOR VALUE RECEIVED, the undersigned GLOBUS MEDICAL, INC. and GLOBUS MEDICAL NORTH AMERICA, INC. ("Borrower") promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") at its office at MAC: Y1392-080, 300 Barr Harbor Drive, 8th Floor, Suite 850, Conshohocken, Pennsylvania 19428-2998, or at such other place as the holder hereof may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of One Hundred Twenty Five Million Dollars ($125,000,000.00), or so much thereof as may be advanced and be outstanding, with interest thereon, to be computed on each advance from the date of its disbursement as set forth herein.

Globus Medical Inc – EXECUTIVE EMPLOYMENT AGREEMENT (February 22nd, 2018)

THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into this 21st day of February, 2018 (the “Effective Date”), by and between Globus Medical, Inc., a Delaware corporation with its principal office in Montgomery County, Pennsylvania (the “Company”), and Eric Ian Schwartz, a resident of Pennsylvania (“Executive”), hereinafter collectively referred to as “the Parties”.

Globus Medical Inc – REVOLVING LINE OF CREDIT NOTE (August 3rd, 2017)

MEDICAL NORTH AMERICA, INC. ("Borrower") promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") at its office at MAC: Y1392-080, 300 Barr

Globus Medical Inc – FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (September 2nd, 2016)

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT is made as of September 1, 2016 (this “Amendment”), by and between Globus Medical Ireland, Ltd., a private limited company existing under the laws of Ireland (“Buyer”), and Alphatec Holdings, Inc., a Delaware corporation (“Seller”). Buyer and Seller are referred to herein as the “Parties.” Capitalized terms used in this Amendment shall have the meanings ascribed to them in the Agreement, as defined below.

Globus Medical Inc – CREDIT AGREEMENT (July 27th, 2016)

THIS CREDIT AGREEMENT (this “Agreement”) is entered into as of May 3, 2016 by and between GLOBUS MEDICAL, INC., a Delaware corporation and GLOBUS MEDICAL NORTH AMERICA, INC., a Pennsylvania corporation (each individually, a “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”). Each reference herein to “Borrower” shall mean each and every party, collectively and individually, defined above as a Borrower.

Globus Medical Inc – PURCHASE AND SALE AGREEMENT dated as of July 25, 2016 between Globus Medical Ireland, Ltd. and Alphatec Holdings, Inc. (July 27th, 2016)
Globus Medical Inc – EXECUTIVE EMPLOYMENT AGREEMENT (May 4th, 2016)

THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into this 3rd day of May 2016 (the “Effective Date”), by and between Globus Medical, Inc., a Delaware corporation with its principal office in Montgomery County, Pennsylvania (the “Company”), and Daniel T. Scavilla, a resident of Pennsylvania (“Executive”), hereinafter collectively referred to as “the Parties”.

Globus Medical Inc – Globus Medical Announces Litigation Settlement Agreement (January 19th, 2016)

AUDUBON, PA, January 19, 2016: Globus Medical, Inc. (NYSE:GMED), a leading musculoskeletal implant manufacturer, today announced DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc. and Globus Medical, Inc. have settled four patent infringement lawsuits concerning spinal implant technologies. The terms of the settlement have not been disclosed but were to the parties' mutual satisfaction.

Globus Medical Inc – Amendment to Globus Medical, Inc.'s Amended and Restated Bylaws effective as of December 9, 2015 (December 10th, 2015)
Globus Medical Inc – EMPLOYMENT AGREEMENT (September 17th, 2015)

THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into this 14th day of September 2015, and effective as of September 8, 2015 (the “Effective Date”), by and between Globus Medical, Inc., a Delaware corporation with its principal office in Montgomery County, Pennsylvania (the “Company”), and David M. Demski, a resident of Pennsylvania (“Employee”), hereinafter collectively referred to as “the Parties”.

Globus Medical Inc – FOURTH AMENDMENT TO CREDIT AGREEMENT (July 31st, 2015)

THIS AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of May 4, 2015, by and between GLOBUS MEDICAL, INC., a Delaware corporation (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).

Globus Medical Inc – EXECUTIVE EMPLOYMENT AGREEMENT (May 5th, 2015)

THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into this 26th day of June 2014, and effective May 1, 2014 (the “Effective Date”), by and between Globus Medical, Inc., a Delaware corporation with its principal office in Montgomery County, Pennsylvania (the “Company”), and Anthony L. Williams, a resident of Pennsylvania (“Executive”), hereinafter collectively referred to as “the Parties”.

Globus Medical Inc – AGREEMENT AND PLAN OF MERGER AMONG BRANCH MEDICAL GROUP, INC., GLOBUS MEDICAL, INC., BM ACQUISITION, INC. AND SPINE THERAPY TECHNOLOGIES, LLC, AS STOCKHOLDERS’ REPRESENTATIVE dated as of February 24, 2015 (March 2nd, 2015)

This Agreement and Plan of Merger (the “Agreement”) is entered into as of February 24, 2015, by and among Branch Medical Group, Inc., a Delaware corporation (the “Company”), Globus Medical, Inc., a Delaware corporation and the parent entity of Merger Sub (“Parent”), BM Acquisition, Inc., a Delaware corporation (“Merger Sub”), and Spine Therapy Technologies, LLC, a North Carolina limited liability company as representative of the stockholders of the Company (the “Stockholders’ Representative”). Parent, Merger Sub and the Company are referred to herein as a “Party” and collectively as the “Parties”.

Globus Medical Inc – THIRD AMENDMENT TO CREDIT AGREEMENT (August 6th, 2014)

THIS AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of May 5, 2014, by and between GLOBUS MEDICAL, INC., a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").

Globus Medical Inc – SECOND AMENDMENT TO CREDIT AGREEMENT (May 3rd, 2013)

THIS AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of May 31, 2013, by and between GLOBUS MEDICAL, INC., a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").

Globus Medical Inc – CERTIFICATE OF AMENDMENT OF AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF Globus Medical, Inc. (August 2nd, 2012)

ONE: The original name of this company is Globus Medical, Inc. and the date of filing the original Certificate of Incorporation of this company with the Secretary of State of the State of Delaware was March 3, 2003. The Board of Directors of the company has duly adopted a resolution pursuant to Section 242 of the General Corporation Law of the State of Delaware setting forth a proposed amendment to the Certificate of Incorporation of the company and declaring said amendment to be advisable. The requisite stockholders of the company have duly approved said proposed amendment in accordance with Sections 228 and 242 of the General Corporation Law of the State of Delaware. The proposed amendment has been duly adopted in accordance with Section 242 of the General Corporation Law of the State of Delaware.

Globus Medical Inc – AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF Globus Medical, Inc. (August 2nd, 2012)

For the management of the business and for the conduct of the affairs of the Company, and in further definition, limitation and regulation of the powers of the Company, of its directors and of its stockholders or any class thereof, as the case may be, it is further provided that:

Globus Medical Inc – GLOBUS MEDICAL, INC. SECOND AMENDMENT TO VOTING AGREEMENT (July 23rd, 2012)

This Second Amendment to Voting Agreement (this “Amendment”), dated as of the 20th day of July 2012, is entered into by and among Globus Medical, Inc., a Delaware corporation (the “Company”), the undersigned holders of shares of the Company’s Series E Preferred Stock, and the undersigned holders of shares of the Company’s Common Stock, all of whom are party to that certain Voting Agreement (the “Voting Agreement”) dated as of July 23, 2007, by and among the Company and certain of its stockholders. Capitalized terms used herein that are not otherwise defined herein shall have the meanings given them in the Voting Agreement.

Globus Medical Inc – GLOBUS MEDICAL, INC. FIRST AMENDMENT TO VOTING AGREEMENT (July 23rd, 2012)

This First Amendment to Voting Agreement (this “Amendment”), dated as of the 20th day of July 2012, is entered into by and among Globus Medical, Inc., a Delaware corporation (the “Company”), and the undersigned holders of shares of the Company’s Common Stock, all of whom are party to that certain Voting Agreement (the “Voting Agreement”) dated as of June 14, 2004, by and among the Company and certain of its stockholders. Capitalized terms used herein that are not otherwise defined herein shall have the meanings given them in the Voting Agreement.

Globus Medical Inc – GLOBUS MEDICAL, INC. (a Delaware corporation) [•] Shares of Class A Common Stock UNDERWRITING AGREEMENT (July 16th, 2012)

Globus Medical, Inc., a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Goldman, Sachs & Co. (“Goldman Sachs”), Piper Jaffray & Co. and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch, Goldman Sachs and Piper Jaffray & Co. are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the Selling Stockholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Class A Common Stock, par value $0.01 per share, of the Company (the “Common Stock”) set forth in Schedules A and B hereto and (ii) the g

Globus Medical Inc – GLOBUS MEDICAL, INC. 2012 EQUITY INCENTIVE PLAN NOTICE OF INCENTIVE STOCK OPTION GRANT (May 8th, 2012)

You have been granted an incentive stock option (the “Option”) to purchase shares of the Class A Common Stock of Globus Medical, Inc. (the “Company”) pursuant to the Globus Medical, Inc. 2012 Equity Incentive Plan, as amended from time to time (the “Plan”), as follows:

Globus Medical Inc – AMENDMENT TO VICE PRESIDENT EMPLOYMENT AGREEMENT (May 8th, 2012)

This is an Amendment (“Amendment”) to the Vice President Employment Agreement (“Agreement”) dated and effective June 1, 2005, between Globus Medical, Inc., (“Company”), and Brett Murphy, a resident of Pennsylvania (the “Vice President”), collectively referred to hereinafter as the “Parties”. A copy of the Agreement is attached hereto as Exhibit A, and is incorporated herein by reference.

Globus Medical Inc – GLOBUS MEDICAL, INC. AMENDED AND RESTATED 2003 STOCK PLAN NOTICE OF STOCK OPTION GRANT (May 8th, 2012)

By your signature and the signature of the Company’s representative below, you and the Company agree that this option is granted under and governed by the terms and conditions of the Globus Medical, Inc. Amended and Restated 2003 Stock Plan (the “Plan”) and the Stock Option Agreement, all of which are attached and made a part of this document.

Globus Medical Inc – SECOND AMENDMENT TO VICE PRESIDENT EMPLOYMENT AGREEMENT (May 8th, 2012)

This is a second amendment (“Second Amendment”) to the Vice President Employment Agreement (“Agreement”) dated and effective June 1, 2005, as amended effective November 1, 2006, between Globus Medical, Inc., (“Company”), and Brett Murphy, a resident of Pennsylvania (the “Vice President”), collectively referred to hereinafter as the “Parties”. A copy of the Agreement, as amended, is attached hereto as Exhibit A, and is incorporated herein by reference.

Globus Medical Inc – VICE PRESIDENT EMPLOYMENT AGREEMENT (May 8th, 2012)

THIS VICE PRESIDENT EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into this May 18, 2005 (the “Effective Date”), by and between Globus Medical, Inc., a Delaware corporation with its principal office in Montgomery County, Pennsylvania (the “Company”), and Brett Murphy, a resident of Florida (the “Vice President”).

Globus Medical Inc – FIRST AMENDMENT TO THE GLOBUS MEDICAL, INC. AMENDED AND RESTATED 2003 STOCK PLAN (May 8th, 2012)

WHEREAS, the Board of Directors and the stockholders of Globus Medical, Inc. (the “Company”) deems it to be in the best interests of the Company to amend the Globus Medical, Inc. Amended and Restated 2003 Stock Plan (the “2003 Stock Plan”) in order to increase the number of shares of Class A Common Stock of the Company issuable for awards under the 2003 Stock Plan to 9,000,000 shares and to decrease the number of shares of Class B Common Stock of the Company issuable for awards under the 2003 Stock Plan to 13,500,000 shares;

Globus Medical Inc – GLOBUS MEDICAL, INC. FIRST AMENDMENT TO AMENDED AND RESTATED STOCK SALE AGREEMENT (May 8th, 2012)

This First Amendment to Amended and Restated Stock Sale Agreement (this “Amendment”), dated as of the 14th day of January 2009, is entered into by and among Globus Medical, Inc., a Delaware corporation (the “Company”), the undersigned holders of shares of the Company’s Series E Preferred Stock, and the undersigned holders of shares of the Company’s Common Stock, all of whom are party to that certain Amended and Restated Stock Sale Agreement (the “Stock Sale Agreement”) dated as of July 23, 2007, by and among the Company and certain of its stockholders. Capitalized terms used herein that are not otherwise defined herein shall have the meanings given them in the Stock Sale Agreement.

Globus Medical Inc – GLOBUS MEDICAL, INC. VOTING AGREEMENT JULY 23, 2007 (May 8th, 2012)

THIS VOTING AGREEMENT (the “Agreement”) is made and entered into as of this 23rd day of July, 2007, by and among GLOBUS MEDICAL, INC., a Delaware corporation (the “Company”), and those certain holders of the Company’s voting stock listed on EXHIBIT A hereto (the “Key Common Holders”) and the persons and entities listed on EXHIBIT B hereto (the “Investors” and, together with the Key Common Holders, the “Holders”).

Globus Medical Inc – AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF Globus Medical, Inc. (May 8th, 2012)

For the management of the business and for the conduct of the affairs of the Company, and in further definition, limitation and regulation of the powers of the Company, of its directors and of its stockholders or any class thereof, as the case may be, it is further provided that:

Globus Medical Inc – GLOBUS MEDICAL, INC. FIRST AMENDMENT TO VOTING AGREEMENT (May 8th, 2012)

This First Amendment to Voting Agreement (this “Amendment”), dated as of the 4th day of April 2011, is entered into by and among Globus Medical, Inc., a Delaware corporation (the “Company”), the undersigned holders of shares of the Company’s Series E Preferred Stock, and the undersigned holders of shares of the Company’s Common Stock, all of whom are party to that certain Voting Agreement (the “Voting Agreement”) dated as of July 23, 2007, by and among the Company and certain of its stockholders. Capitalized terms used herein that are not otherwise defined herein shall have the meanings given them in the Voting Agreement.

Globus Medical Inc – GLOBUS MEDICAL, INC. 2012 EQUITY INCENTIVE PLAN (May 8th, 2012)

The purpose of the Globus Medical, Inc. 2012 Equity Incentive Plan (as it may be amended or restated from time to time, the “Plan”) is to promote the success and enhance the value of Globus Medical, Inc. (the “Company”) by linking the individual interests of the Non-Employee Directors, Employees, and Consultants to those of Company stockholders and by providing such individuals with an incentive for outstanding performance to generate superior returns to Company stockholders. The Plan is further intended to provide flexibility to the Company in its ability to motivate, attract, and retain the services of members of the Board, Employees, and Consultants upon whose judgment, interest, and special effort the successful conduct of the Company’s operation is largely dependent. The Plan provides a mechanism through which the Company may grant equity and equity-based awards as well as cash bonus and other cash awards to Eligible Individuals.

Globus Medical Inc – GLOBUS MEDICAL, INC. 2012 EQUITY INCENTIVE PLAN NOTICE OF NONQUALIFIED STOCK OPTION GRANT (May 8th, 2012)

You have been granted a nonqualified stock option (the “Option”) to purchase shares of the Class A Common Stock of Globus Medical, Inc. (the “Company”) pursuant to the Globus Medical, Inc. 2012 Equity Incentive Plan, as amended from time to time (the “Plan”), as follows:

Globus Medical Inc – GLOBUS MEDICAL, INC. 2008 STOCK PLAN (May 8th, 2012)
Globus Medical Inc – GLOBUS MEDICAL, INC. INVESTOR RIGHTS AGREEMENT JULY 23, 2007 (May 8th, 2012)

In consideration of the transfer to the undersigned of 6,912,442 shares of Series E Preferred Stock of Globus Medical, Inc., a Delaware corporation (the “Company”), the undersigned represents that it is a transferee of Goldman, Sachs & Co., on behalf of its Principal Strategies Group and agrees that, as of the date written below, it shall become a party to, and a Holder as defined in, that certain Investor Rights Agreement dated as of July 23, 2007, as such agreement may have been amended from time to time (the “Investor Rights Agreement”), among the Company and the persons named therein, and as a transferee shall be fully bound by, and subject to all of the covenants, terms and conditions of the Investor Rights Agreement as though an original party thereto and shall be deemed an Investor for all purposes thereof.