SPLIT-OFF AGREEMENTSplit-Off Agreement • May 19th, 2011 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • New York
This SPLIT-OFF AGREEMENT, dated as of October 26, 2010 (this “Agreement”), is entered into by and among InVivo Therapeutics Holding Corp. (f/k/a Design Source, Inc.), a Nevada corporation (“Seller”), DSource Split Corp., a Delaware corporation (“Split-Off Subsidiary”) and Peter Reichard, Peter Coker and Lawrence Reichard (“Buyers”).
GENERAL RELEASE AGREEMENTGeneral Release Agreement • May 19th, 2011 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • New York
This GENERAL RELEASE AGREEMENT (this “Agreement”), dated as of October 26, 2010, is entered into by and among InVivo Therapeutics Holding Corp., a Nevada corporation (“Seller”), DSource Split Corp., a Delaware corporation (“Split-Off Subsidiary”), and Peter Reichard, Peter Coker and Lawrence Reichard (“Buyers”). In consideration of the mutual benefits to be derived from this Agreement, the covenants and agreements set forth herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the execution and delivery hereof, the parties hereto hereby agree as follows:
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION AMONG INVIVO THERAPEUTICS HOLDINGS CORP. INVIVO THERAPEUTICS ACQUISITION CORP. AND INVIVO THERAPEUTICS CORPORATION October 26, 2010Agreement and Plan of Merger • May 19th, 2011 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 26, 2010, by and among InVivo Therapeutics Holdings Corp. (f/k/a Design Source, Inc.), a Nevada corporation (the “Parent”), InVivo Therapeutics Acquisition Corp., a Delaware corporation (the “Acquisition Subsidiary”) and InVivo Therapeutics Corporation, a Delaware corporation (the “Company”). The Parent, the Acquisition Subsidiary and the Company are each a “Party” and referred to collectively herein as the “Parties.”
FORM OF SECURITIES PURCHASE AGREEMENTForm of Securities Purchase Agreement • May 19th, 2011 • Invivo Therapeutics Holdings Corp. • Surgical & medical instruments & apparatus • New York
THIS SECURITIES PURCHASE AGREEMENT (the “Agreement”) is made as of the day of August, 2010, by and between InVivo Therapeutics Corporation, a Delaware corporation (the “Company”), and the investors listed on the Schedule of Investors attached hereto (each an “Investor” and collectively, the “Investors”).
