CREDIT AND SECURITY AGREEMENT dated as of June 12, 2015 by and among ELLIPSE TECHNOLOGIES, INC. and any additional borrower that hereafter becomes party hereto, each as Borrower, and collectively as Borrowers, and MIDCAP FINANCIAL TRUST, as...Credit Agreement • October 16th, 2015 • Ellipse Technologies Inc • Surgical & medical instruments & apparatus • Maryland
THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of June 12, 2015 by and among ELLIPSE TECHNOLOGIES, INC., a Delaware corporation, and any additional borrower that may hereafter be added to this Agreement (individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.
ELLIPSE TECHNOLOGIES, INC. SERIES C PREFERRED STOCK WARRANTEllipse Technologies Inc • October 16th, 2015 • Surgical & medical instruments & apparatus • Delaware
This certifies that, for good and valuable consideration, receipt of which is hereby acknowledged, or any permitted subsequent holder hereof (the “Holder”), is entitled to purchase, subject to the terms and conditions of this Warrant, from Ellipse Technologies, Inc., a Delaware corporation (the “Company”), fully paid and nonassessable shares of the Company’s Series C Preferred Stock, par value $0.001 per share (“Preferred Stock”). Holder shall be entitled to purchase the shares of Preferred Stock in accordance with Section 2 at any time beginning on the date of this Warrant set forth above and prior to the Expiration Time (as defined below). The shares of Preferred Stock of the Company for which this Warrant is exercisable, as adjusted from time to time pursuant to the terms hereof, are hereinafter referred to as the “Shares”. This Warrant is being issued as one of a series of warrants (the “Warrants”) pursuant to the terms of that certain Series C Preferred Stock and Warrant Purchase
ELLIPSE TECHNOLOGIES, INC. NOTE SUBSCRIPTION AGREEMENT June 17, 2015Note Subscription Agreement • October 16th, 2015 • Ellipse Technologies Inc • Surgical & medical instruments & apparatus • Delaware
This NOTE SUBSCRIPTION AGREEMENT (the “Agreement”) is made as of June 17, 2015, by and among Ellipse Technologies, Inc., a Delaware corporation (the “Company”), and the persons and entities named on the Schedule of Lenders attached hereto as Schedule A (individually, a “Lender” and collectively, the “Lenders”).
