0001104659-16-143730 Sample Contracts

SUPPORT AGREEMENT
Support Agreement • September 8th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • Delaware

This SUPPORT AGREEMENT (this “Agreement”), dated as of September 8, 2016, is by and between Apollo Endosurgery, Inc., a Delaware corporation (“Apollo”), and the undersigned holder (the “Stockholder”) of securities of Lpath, Inc., a Delaware corporation (“Lpath”).

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AGREEMENT AND PLAN OF MERGER AND REORGANIZATION
Agreement and Plan of Merger and Reorganization • September 8th, 2016 • Lpath, Inc • Biological products, (no disgnostic substances) • Delaware

THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of September 8, 2016, by and among LPATH, INC., a Delaware corporation (“Lpath”), LPATH MERGER SUB, INC., A Delaware corporation and wholly-owned subsidiary of Lpath (“Merger Sub”), and APOLLO ENDOSURGERY, INC., a Delaware corporation (“Buyer”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

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