0001193125-07-171268 Sample Contracts

Shares Masimo Corporation Common Stock PURCHASE AGREEMENT
Purchase Agreement • August 6th, 2007 • Masimo Corp • Electromedical & electrotherapeutic apparatus • New York

Masimo Corporation, a Delaware corporation (the “Company”), and the stockholders of the Company listed in Schedule I hereto (the “Selling Stockholders”) severally propose to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (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 and outstanding shares of Common Stock (the “Selling Stockholder Shares”) to be sold by the Selling Stockholders. 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 Purchase Agreement are herein collectively called the “Securities.”

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MANUFACTURING AND PURCHASE AGREEMENT
Manufacturing and Purchase Agreement • August 6th, 2007 • Masimo Corp • Electromedical & electrotherapeutic apparatus • California

This manufacturing and purchase agreement (“Agreement”), dated for identification purposes August 19, 2005, is by and among Masimo Corporation (“Masimo”), and Dowa Mining Co., Ltd. (“Dowa”).

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