0000950123-19-000839 Sample Contracts

EXECUTIVE EMPLOYMENT AGREEMENT
Separation Agreement and General Release • February 8th, 2019 • Accuray Inc • Surgical & medical instruments & apparatus • California

This Employment Agreement (“Agreement”) is entered into and effective as of June 30, 2018 (“Effective Date”), by and between Accuray Incorporated, a Delaware corporation (the “Company”), and Patrick Spine (“Executive”).

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EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • February 8th, 2019 • Accuray Inc • Surgical & medical instruments & apparatus • California

This Executive Employment Agreement (“Agreement”) is entered into and effective as of October 17, 2018 (“Effective Date”), by and between Accuray Incorporated, a Delaware corporation (the “Company”), and Jesse Chew (“Executive”).

AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (TERM)
Credit and Security Agreement • February 8th, 2019 • Accuray Inc • Surgical & medical instruments & apparatus

THIS AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT (this “Amendment”) is made as of this 28th day of December, 2018 (the “Amendment Effective Date”), by and among MIDCAP FINANCIAL TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender., the lenders (individually, each a “Lender” and collectively, the “Lenders”) party to the Credit Agreement (as defined below), ACCURAY INCORPORATED, a Delaware corporation (“Accuray” or “Borrower Representative”), TOMOTHERAPY INCORPORATED, a Wisconsin corporation, and any additional borrower that may hereafter be added to this Agreement (collectively, “Other Borrowers” and, together with Borrower Representative, each individually as a “Borrower”, and collectively as “Borrowers”).

AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT (REVOLVER)
Credit and Security Agreement • February 8th, 2019 • Accuray Inc • Surgical & medical instruments & apparatus

THIS AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT (this “Amendment”) is made as of this 28th day of December, 2018 (the “Amendment Effective Date”), by and among MIDCAP FUNDING X TRUST, a Delaware statutory trust (as successor by assignment from MidCap Funding IV Trust, as successor by assignment from MidCap Financial Trust), individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender., the lenders (individually, each a “Lender” and collectively, the “Lenders”) party to the Credit Agreement (as defined below), ACCURAY INCORPORATED, a Delaware corporation (“Accuray” or “Borrower Representative”), TOMOTHERAPY INCORPORATED, a Wisconsin corporation, and any additional borrower that may hereafter be added to this Agreement (collectively, “Other Borrowers” and, together with Borrower Representative, each individually as a “Borrower”, and collectively as “Borrowers”).

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