Treace Medical Concepts, Inc. 4,761,905 Shares of Common Stock, par value $0.001 per share Underwriting AgreementTreace Medical Concepts, Inc. • February 10th, 2023 • Surgical & medical instruments & apparatus • New York
Treace Medical Concepts, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom J.P. Morgan Securities LLC (“J.P. Morgan”) and Morgan Stanley & Co. LLC (“Morgan Stanley”) are acting as representatives (the “Representatives”), an aggregate of 4,761,905 shares of common stock, par value $0.001 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 714,285 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”. In the event that the Company has a single subsidiary or does not have any subsidiaries, then all references herein to “subsidiaries” of the Company shall be deemed to ref
INDEMNIFICATION AND ADVANCEMENT AGREEMENTIndemnification and Advancement Agreement • April 19th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is made as of , 20 by and between Treace Medical Concepts, Inc., a Delaware corporation (the “Company”), and , [a member of the Board of Directors/an officer/an employee] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering indemnification and advancement.
Certain information contained in this document has been omitted because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential. Omitted portions are marked with “[***]” in this exhibit. CREDIT AND...Credit and Security Agreement • August 10th, 2022 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • New York
This CREDIT AND SECURITY AGREEMENT (TERM LOAN) (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of April 29, 2022 by and among TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (“Treace Medical”), and each additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.
Change in Control Severance AgreementSeverance Agreement • November 4th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Florida
This CHANGE IN CONTROL SEVERANCE AGREEMENT is dated as of September 17, 2021, by and between TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (the “Company”), and TERRY W. LUBBEN (the “Executive”).
Change in Control Severance AgreementChange in Control • March 4th, 2022 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Florida
This CHANGE IN CONTROL SEVERANCE AGREEMENT is dated as of October 25, 2021, by and between TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (the “Company”), and SCOT M. ELDER (the “Executive”).
Treace Medical Concepts, Inc. [●] Shares of Common Stock, par value $0.001 per share Underwriting AgreementTreace Medical Concepts, Inc. • April 19th, 2021 • Surgical & medical instruments & apparatus • New York
Treace Medical Concepts, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom J.P. Morgan Securities LLC (“J.P. Morgan”) and Morgan Stanley & Co. LLC (“Morgan Stanley”) are acting as representatives (the “Representatives”), an aggregate of [●] shares of common stock, par value $0.001 per share (“Common Stock”), of the Company, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of [●] shares of Common Stock of the Company (collectively, the “Underwritten Shares”). In addition the Company proposes to issue and sell, at the option of the Underwriters, up to an additional [●] shares of Common Stock of the Company, and the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional [●] shares of Common Stock of the Company (collectively, (the “Option S
TREACE MEDICAL CONCEPTS, INC.Stock Option Agreement • February 12th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Delaware
Unless otherwise defined herein, the terms defined in the 2014 Stock Plan, as amended (the “Plan”) shall have the same defined meanings in this Stock Option Agreement.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 18, 2018 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement and General Release • February 12th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Florida
This SEPARATION AGREEMENT AND GENERAL RELEASE (collectively with its Exhibits, this “Agreement”) is made between ROBERT P. JORDHEIM (“Employee”) and TREACE MEDICAL CONCEPTS, INC., and its affiliates, subsidiaries, parent, predecessors, successors and assigns (collectively and individually, “Company”).
TERM LOAN AGREEMENT dated as of July 31, 2020 among TREACE MEDICAL CONCEPTS, INC., as Borrower, the Subsidiary Guarantors from time to time party hereto, the Lenders from time to time party hereto and CRG SERVICING LLC, as Administrative Agent and...Loan Agreement • February 12th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • New York
This TERM LOAN AGREEMENT is entered into as of July 31, 2020 (this “Agreement”), among TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors from time to time party hereto, the Lenders from time to time party hereto and CRG SERVICING LLC, a Delaware limited liability company (“CRG Servicing”), as administrative agent and collateral agent for the Lenders (in such capacities, together with its successors and assigns, “Administrative Agent”).
RELEASE AND CONSULTING AGREEMENTRelease and Consulting Agreement • March 4th, 2022 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Florida
This Release and Consulting Agreement (the “Agreement”) is entered into as of October 20, 2021 (the “Effective Date”), by and between Treace Medical Concepts, Inc. (the “Company”) and Joe W. Ferguson (“Ferguson”) (The Company and Ferguson sometimes referred to collectively herein as the “Parties”).
SEVERANCE AGREEMENTSeverance Agreement • February 12th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus • Florida
This SEVERANCE AGREEMENT is dated October 5, 2020, by and between TREACE MEDICAL CONCEPTS, INC., a Delaware corporation (the “Company”), and MARK HAIR (the “Executive”).
PRODUCT DEVELOPMENT ROYALTY AGREEMENTProduct Development Royalty Agreement • March 30th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus
This Product Development Royalty Agreement (“Agreement”) is entered into effective this day of , 20 (“Effective Date”), by and between Treace Medical Concepts, Inc., a Delaware corporation with its principal office located at 203 Fort Wade Rd. Suite 150, Ponte Vedra, FL 32081, along with its affiliated companies (“Treace Medical”), and , an individual having an address at (“Assignor”).
RELEASE AGREEMENTRelease Agreement • November 4th, 2021 • Treace Medical Concepts, Inc. • Surgical & medical instruments & apparatus
This Agreement includes a release of claims of discrimination or retaliation on the basis of workers’ compensation status, but does not include workers’ compensation claims. Excluded from this Agreement are any claims which by law cannot be waived in a private agreement between employer and employee, including but not limited to the right to file a charge with or participate in an investigation conducted by the Equal Employment Opportunity Commission (“EEOC”) or any state or local fair employment practices agency. I waive, however, any right to any monetary recovery or other relief should the EEOC or any other agency pursue a claim on my behalf.
