FUNDING AGREEMENTFunding Agreement • February 6th, 2014 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
This Agreement (this “Agreement”), by and between Ruthigen, Inc., a Delaware corporation (“Ruthigen”), and Oculus Innovative Sciences, Inc., a Delaware corporation (“Oculus” and, together with Ruthigen, the “Parties” and each, a “Party”), is made and entered into this 31st day of January 2014.
AMENDMENT NO. 1 TO SHARED SERVICES AGREEMENTShared Services Agreement • February 6th, 2014 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
This AMENDMENT NO. 1 (this “Amendment”) to the SHARED SERVICES AGREEMENT is made and entered into as of January 31, 2014 (the “Amendment Date”) and shall become effective upon the closing of an IPO. This Amendment amends that certain Shared Services Agreement dated as of May 23, 2013, as amended from time to time (the “Services Agreement”), by and between Ruthigen, Inc., a Delaware corporation (“Ruthigen”) and Oculus Innovative Sciences, Inc., a Delaware corporation (“Oculus”). Capitalized terms used and not defined herein shall have the meanings given to them in the Services Agreement.
AMENDED SEPARATION AGREEMENTAmended Separation Agreement • February 6th, 2014 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
This Amended Separation Agreement (this “Agreement”), by and between Ruthigen, Inc., a Delaware corporation (“Ruthigen”), and Oculus Innovative Sciences, Inc., a Delaware corporation (“Oculus” and, together with Ruthigen, the “Parties” and each, a “Party”), is made and entered into as of January 31, 2014, and shall be effective as of the closing of the IPO (as defined herein) (the “Effective Date”).
January 31, 2014 Hojabr Alimi [Address] Dear Hoji:Oculus Innovative Sciences, Inc. • February 6th, 2014 • Surgical & medical instruments & apparatus
This letter references and incorporates by such reference in its entirety the terms of your March 21, 2013 employment agreement with Ruthigen, Inc., Oculus’ currently wholly owned Delaware subsidiary, as filed with the SEC as an exhibit to the Ruthigen Form S-1 (the “Employment Agreement”). Under your leadership as Ruthigen Chairman and CEO, Ruthigen is intended to have an initial public offering (an “IPO”). Please be advised that this is confirmation that the Special Transaction Committee of Oculus Innovative Sciences, Inc. (“STC”) has determined as follows with regard to certain of the severance benefits set forth in your Employment Agreement. If (i) an IPO does not occur , (ii) you cease being employed by Ruthigen because Ruthigen is bankrupt or otherwise insolvent, and (iii) Ruthigen severance benefits are due to you under the Employment Agreement but Ruthigen lacks the financial resources to pay same, then Oculus will (x) pay you $385,000 in the manner set forth in the last senten
AMENDMENT NO. 3 TO LICENSE AND SUPPLY AGREEMENTLicense and Supply Agreement • February 6th, 2014 • Oculus Innovative Sciences, Inc. • Surgical & medical instruments & apparatus • California
This AMENDMENT NO. 3 TO LICENSE AND SUPPLY AGREEMENT (this “Amendment”) is made and entered into as of January 31, 2014 and shall become effective upon the closing of an IPO (as defined in the License Agreement). This Amendment amends that certain License and Supply Agreement dated as of May 23, 2013, as amended from time to time (the “License Agreement”), by and between Ruthigen, Inc., a Delaware corporation (“Ruthigen”) and Oculus Innovative Sciences, Inc., a Delaware corporation (“Oculus”). Capitalized terms used and not defined herein shall have the meanings given to them in the License Agreement.
