AVADIM HEALTH, INC. INDEMNITY AGREEMENTIndemnity Agreement • January 17th, 2020 • Avadim Health, Inc. • Perfumes, cosmetics & other toilet preparations • Delaware
THIS INDEMNITY AGREEMENT (the “Agreement”) is made and entered into as of , between Avadim Health, Inc. a Delaware corporation (the “Company”), and (“Indemnitee”).
Shares* AVADIM HEALTH, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 17th, 2020 • Avadim Health, Inc. • Perfumes, cosmetics & other toilet preparations • New York
Avadim Health, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of shares of its Common Stock, par value $0.001 per share (the “Common Stock”). The aggregate of shares to be purchased from the Company are called the “Firm Shares.” In addition, the Company has agreed to sell to the Underwriters, upon the terms and conditions stated herein, up to an additional shares of Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are collectively referred to in this Agreement as the “Shares.” Raymond James & Associates, Inc. and SunTrust Robinson Humphrey, Inc. are acting as the representatives of the several Underwriters and in such capacity are referred to in this agreement (the “Agreement”) as the “Representatives.”
AMENDMENT NO. 3 TO CREDIT AGREEMENT*Credit Agreement • January 17th, 2020 • Avadim Health, Inc. • Perfumes, cosmetics & other toilet preparations
THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT (this “Amendment”), is made and entered into as of December 31, 2019, by and among AVADIM HEALTH, INC., a Delaware corporation (the “Borrower”), the Guarantors (capitalized terms used, but not defined in this preamble and the recitals below have the meanings given to them in Section 1 below), the Lenders party hereto and HAYFIN SERVICES LLP (in its individual capacity, “HFS”), as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) for the Lenders.
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Avadim Health, Inc. • January 17th, 2020 • Perfumes, cosmetics & other toilet preparations • New York
THIS 6.0% SUBORDINATED CONVERTIBLE NOTE is issued by Avadim Health, Inc., a Delaware corporation with its headquarters located at 81 Thompson Street, Asheville, NC 28803 (the “Company”) (this note, the “Note” and, collectively with any replacement, exchange or other notes issued under the Purchase Agreement from time to time, the “Notes”).
