FIFTH AMENDED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 20th, 2007 • Sutura, Inc. • Surgical & medical instruments & apparatus • Minnesota
THIS FIFTH AMENDED REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is entered into as of June 1, 2007, by and among Sutura, Inc., a Delaware corporation (the “Company”), Pandora Select Partners L.P., a British Virgin Islands limited partnership (“Pandora”), Whitebox Hedged High Yield Partners L.P., a British Virgin Islands limited partnership (“WHHY”), Whitebox Convertible Arbitrage Partners L.P., a British Virgin Islands limited partnership (“WCAP”), Whitebox Intermarket Partners L.P., a British Virgin Islands limited partnership (“WIP”), Gary S. Kohler (“Kohler”), and Scot W. Malloy (“Malloy”), each residents of the State of Minnesota, and Synapse Capital, LLC, a California limited liability company, as agent (“Synapse”). Pandora, WHHY, WCAP, WIP are collectively referred to herein as “Whitebox.” Whitebox, Kohler and Malloy are individually referred to herein as an “Investor” and together as the “Investors.”
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • August 20th, 2007 • Sutura, Inc. • Surgical & medical instruments & apparatus • California
This Settlement Agreement and Release (“Agreement”) is entered into by and among Synapse Fund I, LLC and Synapse Fund II, LLC (collectively, “Synapse”), Go Industries, Inc., Kenneth A. Barnett, Marion Bates, Philip V. Bates, Kate Hutchins Bates, Belinfer Corporation, Leon A. Chiu, Colunga Living Trust, Jack Gregory, Daniel G. Hall, Rudy Kranys, Sherry Kranys, Philip J. Monks, Susan Monks, Irwin D. Novak, Jessica K. Novak, Judi M. Novak, Ryan T. Powell, Taylor B. Powell, Martin Terry Rothman, Bruce E. Stimson, Nancy Stimson, Gary Becker, Robert C. Strauss Grantor Retained Interest Trust, Rena White Connor, and Mark H. Wholey Family LTD. Partnership (collectively with Synapse, “Plaintiffs”), Sutura, Inc. (“Sutura”), Anthony A. Nobles, Rhonda Nobles, and Egbert Ratering (collectively with Plaintiffs and Sutura, the “Parties”).
FIFTH AMENDED PATENT AND TRADEMARK SECURITY AGREEMENTPatent and Trademark Security Agreement • August 20th, 2007 • Sutura, Inc. • Surgical & medical instruments & apparatus • Minnesota
THIS FIFTH AMENDED PATENT AND TRADEMARK SECURITY AGREEMENT (this “Agreement”) is made as of June 1, 2007, by and among Sutura, Inc., a Delaware corporation (the “Company”), Pandora Select Partners, L.P., a British Virgin Islands limited partnership (“Pandora”), Whitebox Hedged High Yield Partners, L.P., a British Virgin Islands limited partnership (“WHHY”), Whitebox Convertible Arbitrage Partners, L.P., a British Virgin Islands limited partnership (“WCAP”), Whitebox Intermarket Partners, L.P., a British Virgin Islands limited partnership (“WIP”), and Gary S. Kohler (“Kohler”) and Scot W. Malloy (“Malloy”), each residents of the State of Minnesota and Synapse Capital, LLC, as agent, a California limited liability company (“Synapse Secured Party”). Pandora, WHHY, WCAP, WIP, Kohler and Malloy are referred to herein individually as a “Whitebox Secured Party” and together as the “Whitebox Secured Parties.” The Synapse Secured Party and the Whitebox Secured Parties are referred to herein ind
FIFTH AMENDED SECURITY AGREEMENTFifth Amended Security Agreement • August 20th, 2007 • Sutura, Inc. • Surgical & medical instruments & apparatus • Minnesota
THIS FIFTH AMENDED SECURITY AGREEMENT (this “Agreement”) is made as of June 1, 2007, by and among Sutura, Inc., a Delaware corporation (“Sutura”), Pandora Select Partners, L.P., a British Virgin Islands limited partnership (“Pandora”), Whitebox Hedged High Yield Partners, L.P., a British Virgin Islands limited partnership (“WHHY”), Whitebox Convertible Arbitrage Partners, L.P., a British Virgin Islands limited partnership (“WCAP”), Whitebox Intermarket Partners, L.P., a British Virgin Islands limited partnership (“WIP”), Gary S. Kohler (“Kohler”) and Scot W. Malloy (“Malloy”), each residents of the State of Minnesota, and Synapse Capital, LLC, a California limited liability company, as agent (“Synapse Secured Party”). Pandora, WHHY, WCAP, WIP, Kohler and Malloy are referred to herein individually as a “Whitebox Secured Party” and together as the "Whitebox Secured Parties.” Synapse Secured Party and the Whitebox Secured Parties are referred to herein individually as a “Secured Party” an
