RESTRUCTURING SUPPORT AGREEMENT AMONG ENDOLOGIX, INC. AND THE SUPPORTING LENDERS IDENTIFIED HEREIN DATED AS OF JULY 5, 2020Restructuring Support Agreement • July 9th, 2020 • Endologix Inc /De/ • Surgical & medical instruments & apparatus • New York
This RESTRUCTURING SUPPORT AGREEMENT (as amended, modified or supplemented from time to time in accordance with the terms hereof, and including all exhibits, annexes, schedules and attachments hereto, this “Agreement”), dated as of July 5, 2020, is entered into by and among Endologix, Inc., a Delaware corporation (“Endologix” or the “Company”), on behalf of itself and its Subsidiaries listed on Schedule 1 hereto (each, a “Company Subsidiary” and collectively, the “Company Subsidiaries,” and, together with Endologix, each a “Debtor,” and collectively, the “Debtors”), Deerfield Partners, L.P. (“DPLP”), Deerfield Private Design Fund III, L.P. (“PDIII”) and Deerfield Private Design Fund IV, L.P. (“PDIV” or “Term Loan Agent”, and together with DPLP and PDIII, the “Supporting Lenders”), the lenders pursuant to that certain Amended and Restated Facility Agreement, dated as of August 9, 2018 (as amended, supplemented, or otherwise modified from time to time in accordance with the terms thereof
SECURED PRIMING DELAYED DRAW TERM LOAN DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of July 5, 2020 by and among Endologix, Inc., as the Borrower, the other Loan Parties party hereto from time to time, the Lenders and Deerfield Private Design Fund...License Agreement • July 9th, 2020 • Endologix Inc /De/ • Surgical & medical instruments & apparatus • New York
This SECURED PRIMING DELAYED DRAW TERM LOAN DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”), dated as of [•], 2020, by and among Endologix, Inc., a Delaware corporation (the “Borrower”), the other Loan Parties (as defined below) party hereto from time to time, the lenders party hereto from time to time, Deerfield Private Design Fund IV, LP (“Deerfield Facility Entity”), as agent for itself and the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent,” and, together with the Lenders, the Borrower and the other Loan Parties party hereto, the “Parties”).
