·] Shares1 Aziyo Biologics, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
Aziyo Biologics, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [·] shares (the “Firm Shares”) of either Class A common stock, $0.001 par value per share (the “Class A common stock”), of the Company or, to the extent shares are purchased by entities affiliated with Deerfield Private Design Fund III, L.P., Class B common stock, $0.001 par value per share (the “Class B common stock” and, together with the Class A common stock, the “Common Stock”), of the Company. The Firm Shares consist of [·] authorized but unissued shares of Common Stock to be issued and sold by the Company. The Company has also granted to the several Underwriters an option to purchase up to [·] additional shares of Common Stock, on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Underwriting Agreement (
amendment No. 1 to AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (REVOLVING LOAN)Credit and Security Agreement • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • New York
This AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (REVOLVING LOAN) (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of July 15, 2019 by and among AZIYO BIOLOGICS, INC., a Delaware corporation (“Aziyo”), AZIYO MED, LLC, a Delaware limited liability company (“Aziyo Med”) and any additional borrower that may hereafter be added to this Agreement (individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.
EMPLOYMENT AGREEMENTEmployment Agreement • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Maryland
THIS EMPLOYMENT AGREEMENT (this “Agreement”), entered into as of September 30, 2020, is made by and between Aziyo Biologics, Inc. (the “Company”) and Ronald Lloyd (the “Executive”) (collectively referred to herein as the “Parties”).
Aziyo Biologics, Inc. Indemnification AgreementIndemnification Agreement • September 30th, 2020 • Aziyo Biologics, Inc. • Biological products, (no disgnostic substances) • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of ______________, 20[20] between Aziyo Biologics, Inc., a Delaware corporation (the “Company”), and [Name] (“Indemnitee”).
