NXSTAGE MEDICAL, INC. SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 23rd, 2008 • NxStage Medical, Inc. • Electromedical & electrotherapeutic apparatus • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made as of the 22nd day of May, 2008, by and between NxStage Medical, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), with its principal offices at 439 S. Union Street, 5th Floor, Lawrence, MA, and each of the Investors whose name and address is set forth on the signature page hereof (each, an “Investor”).
NXSTAGE MEDICAL, INC. WARRANT TO PURCHASE SHARES OF COMMON STOCKNxStage Medical, Inc. • May 23rd, 2008 • Electromedical & electrotherapeutic apparatus • Delaware
THIS CERTIFIES THAT, for value received, and its assigns are entitled to subscribe for and purchase shares (as adjusted pursuant to Section 4 hereof, the “Shares”) of the fully paid and nonassessable common stock, par value $0.001 per share (“Common Stock”), of NxStage Medical, Inc., a Delaware corporation (the “Company”), at the price of $5.50 per share (such price and such other price as shall result, from time to time, from the adjustments specified in Section 4 hereof is herein referred to as the “Warrant Price”), subject to the provisions and upon the terms and conditions set forth herein and in the Securities Purchase Agreement, dated as of even date herewith, by and between the Company and the initial holder of this Warrant. As used herein, the term “Date of Grant” means , 2008. As used herein, the term “Warrant” shall be deemed to include any warrants issued in exchange or upon transfer or partial exercise of this Warrant unless the context clearly requires otherwise.
VOTING AGREEMENTVoting Agreement • May 23rd, 2008 • NxStage Medical, Inc. • Electromedical & electrotherapeutic apparatus • Delaware
This VOTING AGREEMENT, dated as of May 22, 2008 (the “Agreement”) is by and between the undersigned stockholder (the “Stockholder”) of the Company (as hereinafter defined) and NxStage Medical, Inc., a Delaware corporation (“Company”).
