PROSOMNUS, INC. (COMPANY) THE SUBSIDIARY GUARANTORS NAMED HEREIN (SUBSIDIARY GUARANTORS) WILMINGTON TRUST, NATIONAL ASSOCIATION (TRUSTEE AND COLLATERAL AGENT) SUBORDINATED SECURED CONVERTIBLE NOTES DUE APRIL 6, 2026 INDENTURE DATED AS OF DECEMBER 6, 2022Indenture • December 11th, 2023 • ProSomnus, Inc. • Surgical & medical instruments & apparatus • New York
INDENTURE, dated as of December 6, 2022, between ProSomnus, Inc., a Delaware corporation, as issuer (the “Company”), ProSomnus Holdings, Inc. and ProSomnus Sleep Technologies, Inc., as the initial Subsidiary Guarantors, and Wilmington Trust, National Association, initially as trustee, collateral agent, conversion agent, registrar and paying agent (in such capacities, and subject to the provisions herein for replacements or successors for such parties, the “Trustee”, “Collateral Agent”, “Conversion Agent”, “Registrar” and “Paying Agent”, respectively).
FORM OF EMPLOYMENT AGREEMENTEmployment Agreement • December 11th, 2023 • ProSomnus, Inc. • Surgical & medical instruments & apparatus • California
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered as of [MONTH/DAY], 202[3], by and between ProSomnus Sleep Technologies, Inc., a Delaware corporation (the “Company”), and [ ] (“Executive”). The Company and Executive are hereinafter collectively referred to as the “Parties,” and individually a “Party.”
