SECURITY AGREEMENTSecurity Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Security Agreement is made and entered into this January 12, 2007, by and between BANK OF THE WEST (the “Bank”) and ALPHATEC SPINE, INC. (the “Debtor”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), made this 17th day of July, 2006 (the "Commencement Date"), is entered into among Steven Reinecke (“Executive”), Alphatec Spine, Inc., a California corporation (the “ASI”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”) (collectively, ASI and Parent shall be referred to as the "Company").
LICENSE AGREEMENTLicense Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
This License Agreement is entered into and made effective as of this 23rd day of January, 2007 (the “Effective Date”), by and between SCIENT’X S.A., a company incorporated under the laws of France, company number : Versailles B 348 366 733, having its head office located in Bâtiment Calypso- Parc Ariane 3-5 rue Alfred Kastler, 78284 Guyancourt cedex, FRANCE, represented by Mr Olivier Carli, Chairman, and hereafter called ‘SCIENT’X’, and ALPHATEC SPINE INC., a California corporation (Employer Identification Number 33-0412288) with head offices located at 2051 Palomar Airport Road, Suite 100, Carlsbad, California, U.S.A., represented by Mr. John Foster and hereafter called “Licensee”.
CONSULTING AGREEMENTConsulting Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Consulting Agreement (this “Agreement”) between Stephen H. Hochschuler, M.D. (the “Consultant”), having an address set forth on the signature page hereof, Alphatec Spine Inc., (the “Spine”), a California corporation having a principal place of business at 2051 Palomar Airport Road, Suite 100, Carlsbad, CA 92011, and Alphatec Holdings, Inc. (“Holdings”), a Delaware corporation having a principal place of business at 2051 Palomar Airport Road, Suite 100, Carlsbad, CA 92011 (collectively, Spine and Holdings shall be referred to as the “Company”), is made effective as of October 13, 2006 (the “Effective Date”). In connection with the Consultant (i) serving on the Board of Directors of the Company (the “Board”); and (ii) providing consulting services to the Company and the mutual promises of the parties hereunder, it is agreed as follows:
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of January 24, 2006, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of January 24, 2006, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of January 24, 2006, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
ALPHATEC SPINE, INC. ALPHATEC HOLDINGS, INC.Letter Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus
The purpose of this letter agreement (the “Agreement”) is to set forth the terms of your separation from Alphatec Spine, Inc. and Alphatec Holdings, Inc. (collectively, the “Company”). Payment of the Separation Pay described below is contingent on your agreement to and compliance with the terms of this Agreement. Neither this offer to you nor the Company’s entering into this Agreement shall constitute an admission by the Company and this letter shall be construed as an offer of compromise.
PRIVATE LABEL SUPPLY AGREEMENTPrivate Label Supply Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS PRIVATE LABEL SUPPLY AGREEMENT (“Agreement”) is entered into as of July 1, 2006 (the “Effective Date”), by and between IsoTis OrthoBiologics, Inc., a Washington corporation (“Supplier”) and Alphatec Spine, Inc., a California corporation (“Distributor”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made this 10th day of November, 2006, is by and among Steve Lubischer (“Employee”), Alphatec Spine, Inc., a California corporation (the “Company”), and Alphatec Holdings, Inc., a Delaware corporation (“Parent”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of January 24, 2006, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of January 24, 2006, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2007 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California
This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of January 24, 2006, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
