2,350,000 Shares1 Aziyo Biologics, Inc. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 5th, 2022 • 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 2,350,000 shares (the “Firm Shares”) of Class A common stock, $0.001 par value per share (the “Class A common stock” and together with the Company’s Class B common stock, $0.001 par value per share, the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to 352,500 additional shares of Class A 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 (this “Agreement”) are herein collectively called the “Securities.”
November 30, 2022Aziyo Biologics, Inc. • December 5th, 2022 • Biological products, (no disgnostic substances)
Reference is made to that certain Credit Agreement, dated as of August 10, 2022, by and among Aziyo Biologics, Inc., a Delaware corporation (the “Borrower”), each of the undersigned financial institutions (individually each a “Lender” and collectively the “Lenders”) and SWK Funding LLC, a Delaware limited liability company, in its capacity as administrative agent for the other Lenders (in such capacity, “Agent”) (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”). All capitalized terms used in this amendment letter (this “Amendment Letter”) and not otherwise defined herein, shall have the respective meanings given such terms in the Credit Agreement.
