PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT Ekso Bionics Holdings, Inc.Ekso Bionics Holdings, Inc. • June 10th, 2020 • General industrial machinery & equipment, nec
THIS PLACEMENT AGENT 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 set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on June 7, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s 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). This Warrant is being issued pursuant to that certain engagement letter, dated as of June 5, 2020, by and between the Company and H.C. Wainwright & Co., LLC (the “Engagement Letter”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 10th, 2020 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 7, 2020, between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
UNDERWRITER COMMON STOCK PURCHASE WARRANT EKSO BIONICS HOLDINGS, INC.Ekso Bionics Holdings, Inc. • February 11th, 2021 • General industrial machinery & equipment, nec • New York
THIS UNDERWRITER 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 set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on February 8, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock, as defined in Section 1 herein. 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). This Warrant is being issued pursuant to the Underwriting Agreement.
Ekso Bionics Holdings, Inc. 3,902,440 Shares of Common Stock (par value $0.001 per share) Amended and Restated Underwriting AgreementUnderwriting Agreement • February 11th, 2021 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
Ekso Bionics Holdings, Inc., a company incorporated under the laws of the State of Nevada (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 3,902,440 shares of its common stock, par value $0.001 per share (the “Shares”). The 3,902,440 Shares to be sold by the Company are called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 585,366 Shares as provided in Section 2 (the “Optional Shares”). The Firm Shares and, if and to the extent such option is exercised, the Optional Shares, are collectively called the “Offered Shares.” H.C. Wainwright & Co., LLC (“Wainwright”) has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection with the offering and sale of the Offered Shares. To the extent there are no additional underwriters listed on Schedule A, the term “Representative” as used herein
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 20th, 2019 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 18, 2019, between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 16th, 2024 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of January 10, 2024, between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
EKSO BIONICS HOLDINGS, INC. Shares of Common Stock (par value $0.001 per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • August 21st, 2018 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
Ekso Bionics Holdings, Inc. a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
3,750,000 SHARES EKSO BIONICS HOLDINGS, INC. COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • August 9th, 2016 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
COMMON STOCK PURCHASE WARRANT ekso bionics holdings, inc.Ekso Bionics Holdings, Inc. • December 24th, 2015 • General industrial machinery & equipment, nec
THIS 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 hereof (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 EKSO Bionics Holdings, Inc., a Nevada 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).
AT THE MARKET OFFERING AGREEMENTMarket Offering Agreement • October 9th, 2020 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
Ekso Bionics Holdings, Inc., a corporation organized under the laws the State of Nevada (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:
PLACEMENT AGENCY AGREEMENT April 2, 2017Placement Agency Agreement • April 5th, 2017 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
FORM OF Registration Rights AgreementRegistration Rights Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into effective as of _______________ ___, 2014, between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), the persons who have executed omnibus or counterpart signature page(s) hereto (each, a “Purchaser” and collectively, the “Purchasers,” which terms, for avoidance of doubt, include all persons who purchased Bridge Notes (as defined below) and/or Units (as defined below)), and the persons or entities identified on Schedule 1 hereto holding Bridge Placement Agent Warrants, Placement Agent Warrants (each as defined below) or Lender Warrants (collectively, the “Other Holders”).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among EKSO BIONICS HOLDINGS, INC. (formerly PN Med Group Inc.) EKSO ACQUISITION CORP., EKSO BIONICS, INC. AND WITH RESPECT TO SECTION 6.3(F), Nathan Harding, as Indemnification Representative January 15,...Agreement and Plan of Merger and Reorganization • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • Delaware
SUBSCRIPTION AGREEMENTSubscription Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
This Subscription Agreement (this “Agreement”) has been executed by the subscriber set forth on the signature page hereof (the “Subscriber”) in connection with the private placement offering (the “Offering”) of a minimum of $12,000,000 (the “Minimum Offering”) and a maximum of $20,000,000 (the “Maximum Offering”) of Units of securities (the “Units”), plus up to an additional $5,000,000 of Units to cover over-allotments, issued by PN Med Group Inc., a Nevada corporation (the “Company”), at a purchase price of $1.00 per Unit (the “Purchase Price”). Each Unit consists of (i) one share of the Company’s common stock, par value $0.001 per share (“Common Stock”), and (ii) a warrant, substantially in the form of Exhibit A hereto (the “Warrant”), representing the right to purchase one share of Common Stock, exercisable from issuance until five (5) years after the initial Closing of the Offering at an exercise price of $2.00 per share. This subscription is being submitted to you in accordance wi
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
This Placement Agency Agreement (“Agreement”) sets forth the terms upon which Gottbetter Capital Markets, LLC, a registered broker-dealer and member of the Financial Industry Regulatory Authority (“FINRA”), (hereinafter referred to as the “Placement Agent” or “Markets”), shall be engaged by PN Med Group Inc. (to be renamed EKSO Bionics Holdings, Inc.), a publicly traded corporation duly organized under the laws of the State of Nevada, (hereinafter referred to as the “Company” or “Ekso”), to act as an exclusive Placement Agent in connection with the private placement (hereinafter referred to as the “Offering”) of units (the “Units”) of securities of the Company, as more fully described below. The initial closing of the Offering will be conditioned upon the receipt of subscriptions for the Minimum Amount (as defined below) and the consummation of a reverse triangular merger (the “Merger”) between a subsidiary of the Company and Ekso Bionics, Inc., a Delaware corporation (“Ekso”) and cert
EMPLOYMENT AGREEMENTEmployment Agreement • March 19th, 2015 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made as of this 19th day of March, 2015, is entered into by Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and Thomas Looby, residing at 3485 Camellia Lane, Suwanee, Georgia 30024 (the “Executive”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 25th, 2017 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec
This Registration Rights Agreement (this "Agreement") is made and entered into as of July 19, 2017, by and among Ekso Bionics Holdings, Inc., a Nevada corporation (the "Company"), and the several purchasers signatory hereto (each a "Purchaser" and collectively, the "Purchasers").
PURCHASE AGREEMENTPurchase Agreement • July 25th, 2017 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Purchase Agreement (this "Agreement"), dated as of July 19, 2017, is entered into by and between Ekso Bionics Holdings, Inc., a Nevada corporation (including any of its successors by merger, acquisition, reorganization, conversion or otherwise, the "Company"), and the Persons set forth on Schedule I hereto (the "Purchasers" and each, a "Purchaser").
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 24th, 2015 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 23, 2015, between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
WARRANT AGENT AGREEMENTWarrant Agent Agreement • October 23rd, 2014 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
THIS WARRANT AGENT AGREEMENT, dated October 21, 2014 (the “Agreement”), is entered into by and between EDI Financial, Inc. (the “Warrant Agent”) and Ekso Bionics Holdings, Inc. (the “Company”).
INDEMNIFICATION SHARES ESCROW AGREEMENTIndemnification Shares Escrow Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
This Indemnification Shares Escrow Agreement (this “Agreement”) is entered into as of January 15, 2014 by and among Ekso Bionics Holdings, Inc. (f/k/a PN Med Group Inc.), a Nevada corporation (the “Parent”), Nathan Harding, a California resident (the “Indemnification Representative”), and Gottbetter & Partners, LLP, as escrow agent (the “Escrow Agent”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Merger Agreement (as defined below).
EXCLUSIVE LICENSE AGREEMENT FOR: MECHANISM TO ENABLE NORMAL GAIT DESPITE LEG INJURIES, DECREASING OXYGEN CONSUMPTION BY USE OF A LOAD-CARRYING EXOSKELETON, UNDER-ACTUATED TRANSFEMORAL PROSTHETIC KNEE, AND CONTROLLING THE SWINGING LEG OF AN EXOSKELETON...Exclusive License Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • California
This license agreement (“AGREEMENT”) is entered into as of the date that this AGREEMENT is fully executed by both parties (“EFFECTIVE DATE”), by and between The Regents of the University of California, a California corporation, having its statewide administrative offices at 1111 Franklin Street, 12th Floor, Oakland, California 94607-5200 acting through its Office of Technology Licensing, at the University of California, Berkeley, having its administrative office at 2150 Shattuck Avenue, Suite 510, Berkeley, CA 94720-1620 (“REGENTS”), and Berkeley ExoTech, Inc. dba Berkeley Bionics and formerly dba Berkeley ExoWorks (“LICENSEE”), a Delaware corporation, having a principal place of business at 2131 University Avenue, #428, Berkeley, CA 94704. The parties agree as follows:
EKSO BIONICS HOLDINGS, INC. 6,666,667 Shares of Common Stock Warrants to Purchase 6,666,667 Shares of Common Stock (par value $0.001 per share) Underwriting AgreementUnderwriting Agreement • May 24th, 2019 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
Ekso Bionics Holdings, Inc. a Nevada corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of 6,666,667 shares (the “Shares”) of its common stock, par value $0.001 per share (the “Common Stock”) and (ii) warrants, substantially in the form of Annex A hereto, to purchase an aggregate of 6,666,667 shares of Common Stock with an exercise price equal to $2.00, per share (the “Warrants” and together with the Shares, the “Securities”). Cantor Fitzgerald & Co. (“Cantor”) and SunTrust Robinson Humphrey, Inc. (“SunTrust”) have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Securities. To the extent there are no additional underwriters listed on Schedule A, the term “Representatives” as used herein shall mean Cantor and SunTrust, as Underwriters, and the term “Underwriters” shall mean either the singular or
STOCK OPTION AGREEMENT EKSO BIONICS HOLDINGS, INC.Stock Option Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies
LEAK-OUT AGREEMENTLeak-Out Agreement • April 5th, 2017 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec
This agreement (the “Leak-Out Agreement”) is being delivered to you in connection with an understanding by and among Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and the person or persons named on the signature pages hereto (collectively, the “Holder”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 7th, 2018 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made as of this 7th day of August, 2018, is entered into by Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and Jack Peurach, residing at 63 Potomac Street, San Francisco, CA 94117 (the “Executive”).
SPLIT-OFF AGREEMENTSplit-Off Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
This SPLIT-OFF AGREEMENT, dated as of January 15, 2014 (this “Agreement”), is entered into by and among PN MED GROUP, INC. , a Nevada corporation (the “Seller”), PN Med Split Off Corp, a Delaware corporation (“Split-Off Subsidiary”), and PEDRO PEREZ NIKLITSCHEK and MIGUEL MOLINA URRA (each a “Buyer” and, together, the “Buyers”).
AMENDMENT TO WARRANT TO PURCHASE COMMON STOCKPurchase Common Stock • March 19th, 2015 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Amendment to Warrant to Purchase Common Stock (this “Amendment”) is made and entered into effective as of the Effective Date (as defined below) by and between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and each holder of an Agent Warrant (as defined below) as of the Effective Date (each, a “Holder” and together, the “Holders”). Capitalized terms used but not otherwise defined herein shall have the same meanings as set forth in the Agent Warrants.
WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 6th, 2017 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • California
This Loan And Security Agreement (“Agreement”) is entered into as of December 30, 2016, by and among Western Alliance Bank, an Arizona corporation (“Bank”), and EKSO BIONICS HOLDINGS, INC., a Nevada corporation (“Parent”), and EKSO BIONICS, INC., a Delaware corporation (“Ekso”) (individually and collectively, jointly and severally, “Borrower”).
Amendment to the Joint Venture Contract of Exoskeleton Intelligent Robotics Co. LimitedEkso Bionics Holdings, Inc. • August 1st, 2019 • General industrial machinery & equipment, nec
WHEREAS, Zhejiang Youchuang Venture Capital Investment Co., Ltd., a company organized under the laws of the PRC (“Youchuang”), Shaoxing City Keqiao District Paradise Silicon Intelligent Robot Industrial Investment Partnership (Limited Partnership) (“Industrial Investment Fund”), a limited liability partnership organized under the laws of the PRC ("Industrial Investment Fund"), Ekso Bionics, Inc., a company organized under the laws of the State of Delaware, USA (“Ekso Bionics”) entered into a joint venture contract for the establishment, operation, and governance of Exoskeleton Intelligent Robotics Co. Limited (the “Company” or the “Joint Venture”) on 30 January 2019 (the “Contract”). (Youchuang, Industrial Investment Fund and Ekso Bionics are collectively referred to as the “Parties” and individually referred to as a “Party” herein).
AMENDMENT TO WARRANT TO PURCHASE COMMON STOCKPurchase Common Stock • March 19th, 2015 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Amendment to Warrant to Purchase Common Stock (this “Amendment”) is made and entered into effective as of the Effective Date (as defined below) by and between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”), and each holder of a Bridge Warrant (as defined below) as of the Effective Date (each, a “Holder” and together, the “Holders”). Capitalized terms used but not otherwise defined herein shall have the same meanings as set forth in the Bridge Warrants.
EXECUTION VERSION 1 TRANSITIONAL USE AGREEMENT This Transitional Use Agreement (this “Agreement”) is made as of the 5th day of December, 2022 (the “Commencement Date”), by and between Parker-Hannifin Corporation, an Ohio corporation (hereinafter...Version 1 Transitional Use Agreement • March 28th, 2023 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec
LOCK-UP AGREEMENTLock-Up Agreement • January 23rd, 2014 • Ekso Bionics Holdings, Inc. • Wholesale-medical, dental & hospital equipment & supplies • New York
This LOCK-UP AGREEMENT (this “Agreement”) is made as of January 15, 2014 by and between the undersigned person or entity (the “Restricted Holder”) and Ekso Bionics Holdings, Inc., a Nevada corporation formerly known as PN Med Group Inc. (the “Parent”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Merger Agreement (as defined herein).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 4th, 2024 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of February 28, 2023, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and EKSO BIONICS, INC. and EKSO BIONICS HOLDINGS, INC. (individually and collectively referred to as “Borrower”).
Warrant Repurchase and amendment AGREEMENTWarrant Repurchase and Amendment Agreement • August 7th, 2017 • Ekso Bionics Holdings, Inc. • General industrial machinery & equipment, nec • New York
This Warrant Repurchase and amendment Agreement (this “Agreement”) is made this 4th day of August, 2017, between Ekso Bionics Holdings, Inc., a Nevada corporation (the “Company”) and the warrant holder identified on the signature page hereto (“Holder”). Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings ascribed to such terms in the Securities Purchase Agreement dated April 2, 2017 between the Company and the purchasers party thereto (the “Purchase Agreement”).
