WAIVER AND FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus • New York
(this “Amendment”) is made and entered into as of November 30, 2023 by and among AVITA MEDICAL, INC., a Delaware corporation (the “Borrower”), ORCO IV LLC, as a Lender (the “Initial Lender”), and ORCO IV LLC, as administrative agent for the Lenders (together with its Affiliates, successors, transferees and assignees, the “Administrative Agent”).
AMENDMENT ONE TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT ONE (“Amendment One”) made and entered into on March 23, 2022, to the EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”), by and between Avita Medical Ltd, an Australian corporation (the “Company”) and Donna Shiroma, an individual (the “Executive”). The Company and Executive are sometimes referred to individually as a “Party” and collectively as the “Parties.”
SUPPLEMENT TO PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus • New York
This SUPPLEMENT, dated as of 11 December, 2023 (this “Supplement”), is to the Pledge and Security Agreement, dated as of October 18, 2023 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Security Agreement”), among the Grantors (such term, and other terms used in this Supplement, to have the meanings set forth in Article I of the Security Agreement, unless otherwise defined herein or if the context otherwise requires) from time to time party thereto, in favor of ORCO IV, LLC, a Delaware limited liability company (together with its Affiliates, successors, transferees and assignees, the “Administrative Agent”), as Administrative Agent for the Secured Parties.
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus
This TRADEMARK SECURITY AGREEMENT, dated as of 11 December, 2023 (this “Agreement”), is made by AVITA MEDICAL PTY LIMITED ACN 058 466 523, an Australian proprietary company limited by shares (the “Grantor”), in favor of ORCO IV LLC, a Delaware limited liability company (together with its Affiliates, successors, transferees and assignees, the “Administrative Agent”), as Administrative Agent for the Secured Parties.
AMENDMENT TWO TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT TWO (“Amendment Two”) to the EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”), by and between Avita Medical Americas, LLC, a limited liability company incorporated in Delaware (the “Company”) and Donna Shiroma, an individual (the “Executive”). The Company and Executive are sometimes referred to individually as a “Party” and collectively as the “Parties.”
Execution version Security trust deed AVITA Security Trust ORCO IV LLC (Security Trustee) ORCO IV LLC (Administrative Agent) AVITA Medical, Inc. (Borrower) Each entity named in Schedule 1 (each an Initial Beneficiary) Each entity named in Schedule 2...AVITA Medical, Inc. • February 22nd, 2024 • Surgical & medical instruments & apparatus • New South Wales
AMENDMENT ONE TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus
THIS AMENDMENT (“Amendment”) to the EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”), by and between AVITA Medical, Inc a Delaware corporation and its wholly owned subsidiary, AVITA Medical Americas, LLC, a Delaware limited liability company (the “Company”) and David O’Toole, an individual (the “Executive”). The Company and Executive are sometimes referred to individually as a “Party” and collectively as the “Parties.”
PATENT SECURITY AGREEMENTPatent Security Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus
This PATENT SECURITY AGREEMENT, dated as of 11 December, 2023 (this “Agreement”), is made by AVITA MEDICAL PTY LIMITED ACN 058 466 523 , an Australian proprietary company limited by shares (the “Grantor”), in favor of ORCO IV LLC, a Delaware limited liability company (together with its Affiliates, successors, transferees and assignees, the “Administrative Agent”), as Administrative Agent for the Secured Parties.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT BOTH (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED EXCLUSIVE DISTRIBUTION AGREEMENTExclusive Distribution Agreement • February 22nd, 2024 • AVITA Medical, Inc. • Surgical & medical instruments & apparatus • Delaware
This Exclusive Distribution Agreement (this "Agreement"), is effective as of the date of the last signature (the "Effective Date"), and is entered into between AVITA Medical Americas, LLC having its principle place of business at 28159 Avenue Stanford, Suite 220 Valencia, CA ("Seller"), and PolyMedics Innovation GmbH having its principle place of business at Heerweg 15 D, Denkendorf, 73770 Germany ("Distributor", and together with Seller, the "Parties", and each, a "Party"). This Agreement replaces and supersedes any prior agreements between the Parties, which are of no further effect.
