SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 23rd, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 23rd, 2017 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of March 22, 2017, between Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
Contract Type FiledJune 4th, 2020 Company IndustryThis Registration Rights Agreement (this “Agreement”) is made and entered into as of May 29, 2020 among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and Squadron Medical Finance Solutions LLC, a Delaware limited liability company (“Squadron”, and Tawani Holdings LLC, an Illinois limited liability company (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
COMMON STOCK PURCHASE WARRANT ALPHATEC HOLDINGS, INC.Alphatec Holdings, Inc. • March 12th, 2018 • Surgical & medical instruments & apparatus
Company FiledMarch 12th, 2018 IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [NAME] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date the Required Parent Stockholder Consent is received and effective (the “Initial Exercise Date”) and on or prior to the close of business on the five-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to [NUMBER] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Parent Common Stock (“Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
Alphatec Holdings, Inc. Common Stock, par value $0.0001 per share UNDERWRITING AGREEMENTUnderwriting Agreement • April 16th, 2010 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledApril 16th, 2010 Company Industry JurisdictionOpinion of special intellectual property counsel for Scient’x to be delivered pursuant to Section 6(g) of the Underwriting Agreement.
COMMON STOCK PURCHASE WARRANT ALPHATEC HOLDINGS, INC.Alphatec Holdings, Inc. • March 23rd, 2017 • Surgical & medical instruments & apparatus
Company FiledMarch 23rd, 2017 IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date the Shareholder Approval is received and effective (the “Initial Exercise Date”) and on or prior to the close of business on the five-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 5th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
Contract Type FiledMay 5th, 2009 Company Industry JurisdictionThis Indemnification Agreement (“Agreement”) is made as of [ ] by and between Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and [ ] (“Indemnitee”).
ContractAlphatec Holdings, Inc. • March 5th, 2012 • Surgical & medical instruments & apparatus • California
Company FiledMarch 5th, 2012 Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
10,900,000 Shares1 ALPHATEC HOLDINGS, INC. Common Stock PURCHASE AGREEMENTPurchase Agreement • August 2nd, 2019 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledAugust 2nd, 2019 Company Industry JurisdictionAlphatec Holdings, Inc., Delaware corporation (the “Company”) proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 10,900,000 shares (the “Firm Shares”) of Common Stock, $0.0001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to 1,635,000 additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 17th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledDecember 17th, 2020 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of December 16, 2020, between Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on Exhibit A hereto (each purchaser, including its respective successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
ContractAlphatec Holdings, Inc. • March 4th, 2009 • Surgical & medical instruments & apparatus • California
Company FiledMarch 4th, 2009 Industry JurisdictionTHIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
ALPHATEC HOLDINGS, INC.Indenture • August 10th, 2021 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledAugust 10th, 2021 Company Industry JurisdictionINDENTURE, dated as of August 10, 2021, between Alphatec Holdings, Inc., a Delaware corporation, as issuer (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”).
11,428,570 Shares ALPHATEC HOLDINGS, INC. COMMON STOCK, PAR VALUE $0.0001 PER SHARE UNDERWRITING AGREEMENT October 13, 2020Underwriting Agreement • October 16th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledOctober 16th, 2020 Company Industry Jurisdiction
COMMON STOCK PURCHASE WARRANTAlphatec Holdings, Inc. • June 4th, 2020 • Surgical & medical instruments & apparatus
Company FiledJune 4th, 2020 IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [NAME] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after May 29, 2020 (the “Initial Exercise Date”) and on or prior to the close of business on the seven-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Alphatec Holdings, Inc., a Delaware corporation (the “Company”), up to [NUMBER] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENT by and among ALPHATEC HOLDINGS, INC. and EACH PURCHASER IDENTIFIED ON THE SIGNATURE PAGES HERETOSecurities Purchase Agreement • March 12th, 2018 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
Contract Type FiledMarch 12th, 2018 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of March 8, 2018, by and among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and the purchasers listed on the signature pages attached to this Agreement (each purchaser, including its respective successors and assigns, also referred to herein as a “Purchaser” and collectively, the “Purchasers”).
STRICTLY CONFIDENTIAL Alphatec Holdings, Inc.Letter Agreement • March 23rd, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 23rd, 2017 Company Industry Jurisdiction
OMNIBUS JOINDER AND Amendment No. 1 to CREDIT, SECURITY AND GUARANTY AGREEMENTCredit, Security and Guaranty Agreement • January 9th, 2023 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledJanuary 9th, 2023 Company Industry JurisdictionThis OMNIBUS JOINDER AND Amendment No. 1 TO CREDIT, SECURITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of this 6th day of January, 2023, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation (“Holdings”), ALPHATEC SPINE, INC., a California corporation (“ATEC”, and each of Holdings and ATEC being referred to herein individually as an “Original Borrower”, and collectively as “Original Borrowers”), SAFEOP SURGICAL, INC., a Delaware corporation (“New Borrower”, and New Borrower, together with Original Borrowers, the “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as agent (in such capacity and together with its permitted successors and assigns, the “Agent”), and the Lenders party hereto constituting the Required Lenders.
NON-QUALIFIED STOCK OPTION AGREEMENT ALPHATEC HOLDINGS, INC.Non-Qualified Stock Option Agreement • March 5th, 2013 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
Contract Type FiledMarch 5th, 2013 Company Industry JurisdictionWHEREAS, the Company desires to grant to the Participant an Option to purchase shares of its Common Stock, $.0001 par value per share (the “Shares”), under and for the purposes set forth in the Company’s 2005 Employee, Director and Consultant Stock Plan, as amended (the “Plan”);
INCENTIVE STOCK OPTION AGREEMENT ALPHATEC HOLDINGS, INC.Incentive Stock Option Agreement • March 5th, 2013 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
Contract Type FiledMarch 5th, 2013 Company Industry JurisdictionAGREEMENT made as of ___________________, between Alphatec Holdings, Inc. (the “Company”), a Delaware corporation, and ______________________, an employee of the Company (the “Employee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 19th, 2014 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 19th, 2014 Company Industry JurisdictionREGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 17, 2014, by and among Alphatec Holdings, Inc., a Delaware corporation (the “Company”), and those lenders set forth on Schedule 1 to the Facility Agreement (as defined below) (each individually, a “Lender” and together, the “Lenders”).
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE—NET (DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS)Alphatec Holdings, Inc. • February 6th, 2006
Company FiledFebruary 6th, 2006
ALPHATEC HOLDINGS, INC. $50,000,000 SALES AGREEMENTSales Agreement • August 6th, 2020 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledAugust 6th, 2020 Company Industry JurisdictionAlphatec Holdings, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:
AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of August 30, 2013, by and among ALPHATEC HOLDINGS, INC., ALPHATEC SPINE, INC., ALPHATEC INTERNATIONAL LLC, and ALPHATEC PACIFIC, INC., each as a Borrower, and collectively as...Credit, Security and Guaranty Agreement • October 21st, 2015 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Maryland
Contract Type FiledOctober 21st, 2015 Company Industry JurisdictionPortions of this page were omitted, as indicated by [***], and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment under Rule 24b2 of the Securities Exchange Act of 1934, as amended.
ContractSales Agency Agreement • May 8th, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
Contract Type FiledMay 8th, 2006 Company IndustryPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 406 of the Securities Act. Asterisks denote omissions.
Brian R. Snider 16227 Oak Creek Trail Poway, CA 92064Alphatec Severance Agreement • May 12th, 2017 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
Contract Type FiledMay 12th, 2017 Company Industry Jurisdiction
SECURITY AGREEMENTSecurity Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
Contract Type FiledApril 2nd, 2007 Company Industry JurisdictionThis Security Agreement is made and entered into this January 12, 2007, by and between BANK OF THE WEST (the “Bank”) and ALPHATEC SPINE, INC. (the “Debtor”).
INVESTMENT AGREEMENT BY AND BETWEEN ALPHATEC HOLDINGS, INC. AND ECLIPSE ADVISORS, LLC Dated May 8, 2012Investment Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMay 8th, 2012 Company Industry JurisdictionTHIS INVESTMENT AGREEMENT is entered into as of the 8th day of May 2012 (this “Agreement”), by and between ECLIPSE ADVISORS, LLC (“Investor”), and ALPHATEC HOLDINGS, INC., a corporation organized and existing under the laws of the State of Delaware (the “Company”).
STOCKHOLDERS' AGREEMENT ALPHATEC HOLDINGS, INC. formerly known as AMI ACQUISITION I CORP.Stockholders' Agreement • May 15th, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMay 15th, 2006 Company Industry JurisdictionTHIS STOCKHOLDERS' AGREEMENT, originally dated as of March 17, 2005 (this "Agreement"), is by and among Alphatec Holdings, Inc. (formerly know as AMI Acquisition I Corp.), a Delaware corporation (the "Company"), HealthpointCapital Partners, LP (the "Fund"), and the investors as may from time to time be listed on Schedule I attached hereto (the Fund and such investors are collectively referred to herein as the "Investors").
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 8th, 2012 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
Contract Type FiledMay 8th, 2012 Company Industry JurisdictionTHIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on the 26th day of February, 2012 (the “Effective Date”), by and between Alphatec Holdings, Inc., Alphatec Spine, Inc. (collectively, each of Alphatec Holdings, Inc. and Alphatec Spine, Inc. shall be referred to as the “Company”), a Delaware corporation, and Dirk Kuyper (the “Executive”) (hereinafter collectively referred to as the “parties”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
Contract Type FiledMarch 17th, 2008 Company Industry JurisdictionTHIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), made this 17th day of July, 2006 (the “Commencement Date”), is entered into among Ebun S. Garner. Esq. (“Executive”), Alphatec Spine, Inc., a California corporation (the “ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the “Company”).
CREDIT, SECURITY AND GUARANTY AGREEMENT, dated as of November 6, 2018, by and among ALPHATEC HOLDINGS, INC., ALPHATEC SPINE, INC., and SAFEOP SURGICAL, INC. each as a Borrower, and collectively as Borrowers, the other Credit Parties party hereto, and...Credit, Security and Guaranty Agreement • March 29th, 2019 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 29th, 2019 Company Industry JurisdictionTHIS CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of November 6, 2018, by and among ALPHATEC HOLDINGS, INC., a Delaware corporation, ALPHATEC SPINE, INC., a California corporation, SAFEOP SURGICAL, INC., a Delaware corporation, and each additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively as “Borrowers”), the other Credit Parties listed on the signature pages hereof, and SQUADRON MEDICAL FINANCE SOLUTIONS LLC, a Delaware limited liability company as lender (“Lender”).
ALPHATEC SPINE, INC. SALES AGENCY AGREEMENTSales Agency Agreement • May 8th, 2006 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
Contract Type FiledMay 8th, 2006 Company IndustryThis Sales Agency Agreement (the "Agreement") is between Alphatec Spine, Inc., a California corporation (the "Company") and Keystone Surgical, LLC (hereinafter referred to as "Sales Agent") is made as of the 1st day of October, 2005 (the "Effective Date").
4,285,715 Shares ALPHATEC HOLDINGS, INC. COMMON STOCK, PAR VALUE $0.0001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • April 20th, 2023 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledApril 20th, 2023 Company Industry Jurisdiction
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 8th, 2016 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Delaware
Contract Type FiledSeptember 8th, 2016 Company Industry JurisdictionTHIS 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.
EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • March 17th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York
Contract Type FiledMarch 17th, 2008 Company Industry JurisdictionThis Exclusive License Agreement (this “Agreement”) is made effective as of December 18, 2007 (the “Effective Date”) by and among Alphatec Spine, Inc., a Delaware corporation with a principal place of business at 2051 Palomar Airport Road, Suite 100, Carlsbad, California 92008 (“Licensee”), Progressive Spinal Technologies LLC, a limited liability company organized under the laws of the state of Delaware, with an address at 410 East Walnut Street, Suite #8, Perkasie, Pennsylvania 18944 (“Licensor”) and for purposes of Section 7.2 and Section 11.15 hereof only Alphatec Holdings, Inc., a Delaware corporation with a principal place of business at 2051 Palomar Airport Road, Suite 100, Carlsbad, California 92008 (“Holdings”). Licensee and Licensor are each hereafter referred to individually as a “Party” and together as the “Parties”.
EMPLOYMENT AGREEMENTEmployment Agreement • June 18th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
Contract Type FiledJune 18th, 2008 Company Industry JurisdictionTHIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 13th day of June, 2008 (the “Effective Date”), is entered into among Peter Wulff (“Executive”), Alphatec Spine, Inc., a California corporation (the “ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the “Company”).