0001193125-09-163649 Sample Contracts

SUBSCRIPTION AGREEMENT
Subscription Agreement • August 4th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • New York

SUBSCRIPTION AGREEMENT (the “Subscription Agreement”) made as of this 4th day of June 2009 (the “Effective Date”) between Alphatec Holdings, Inc., a corporation organized under the laws of the State of Delaware, (the “Company”), and HealthpointCapital Partners II, L.P. (the “Subscriber”).

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CROSS LICENSE AGREEMENT
Cross License Agreement • August 4th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • California

This License Agreement (this “Agreement”) is made effective as of June 30, 2009 (the “Effective Date”) by and among Alphatec Spine, Inc., a Delaware corporation with a principal place of business at 5818 El Camino Real, Carlsbad, California 92008 (“Alphatec”), International Spinal Innovations, LLC, a limited liability company organized under the laws of the state of Connecticut, with an address at 97 Balfour Drive, West Hartford, CT 06117 (“ISI”), and, for purposes of Sections 4.1, 4.4, 7.3, and 11.15 hereof only, Alphatec Holdings, Inc., a Delaware corporation with a principal place of business at 5818 El Camino Real, Carlsbad, California 92008 (“Holdings”). Alphatec and ISI are each hereafter referred to individually as a “Party” and together as the “Parties”.

THIRD AMENDMENT TO EXCLUSIVE LICENSE AGREEMENT
Exclusive License Agreement • August 4th, 2009 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus

This Third Amendment to the License and Supply Agreement (this “Amendment”) is made as of June 30, 2009 by and among Alphatec Spine, Inc., a Delaware corporation with a principal place of business at 5818 El Camino Real, Carlsbad, California 92008 (“Licensee”), Progressive Spinal Technologies LLC, a limited liability company organized under the laws of the state of Delaware, with an address at 410 East Walnut Street, Suite #8, Perkasie, Pennsylvania 18944 (“Licensor”) and Alphatec Holdings, Inc., a Delaware corporation with a principal place of business at 5818 El Camino Real, Carlsbad, California 92008 (“Holdings”). Capitalized terms undefined herein shall have the meaning ascribed them in the Agreement.

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