INDEMNIFICATION AND ADVANCEMENT AGREEMENTIndemnification and Advancement Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is made as of , 20 by and between Eargo, Inc., a Delaware corporation (the “Company”), and , [a member of the Board of Directors/an officer/an employee] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering indemnification and advancement.
EARGO, INC. EMPLOYMENT AGREEMENTEmployment Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
This Employment Agreement (the “Agreement”), dated September 25, 2020, is between Eargo, Inc., a Delaware corporation (the “Company”) and Adam Laponis (“Executive” and, together with the Company, the “Parties”). This Agreement will become effective as of immediately prior to the closing of the initial public offering of the Company’s common stock (the “Effective Date”). This Agreement supersedes in its entirety that certain offer letter between Executive and the Company dated as of May 8, 2019 (“Offer Letter”) effective as of the Effective Date.
EARGO, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT JULY 13, 2020Investors’ Rights Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
This Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of July 13, 2020, and is between Eargo, Inc., a Delaware corporation (the “Company”), the persons and entities listed on Exhibit A (each, an “Investor” and collectively, the “Investors”) and Future Fund Investment Company No. 4 Pty Ltd (ACN 134 338 908) (the “FF Beneficial Investor”).
MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies
This Manufacturing Services Agreement, together with its attached exhibits (“Exhibits”), corresponding appendices (“Appendix(ices)”), Statements of Work (defined below) and Orders (defined below) (collectively, this “Agreement”) is entered into by and between Eargo, Inc. (“Eargo”) and Hana Microelectronics Co., Ltd. (“Supplier”), and is effective as of May 5, 2017 (the “Effective Date”). The Agreement consists of the terms and conditions set forth below, all Exhibits, corresponding Appendices, Statements of Work, Orders and Approved ECOs (defined below) which reference this Agreement.
STANDARD OFFICE BUILDING LEASEOffice Building Lease • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Minnesota
THIS LEASE is made and entered into this 27 day of April, 2018, by and between LAGOS PROPERTIES, LLC, a Missouri limited liability company (“Landlord”) and EARGO, INC., a Delaware corporation (“Tenant”).
EARGO, INC.Restricted Stock Purchase Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
Unless otherwise defined herein, the terms defined in the 2010 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Stock Option Agreement (the “Option Agreement”).
SUBLEASE AGREEMENTSublease Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
This SUBLEASE AGREEMENT (this “Sublease”) is made effective as of July, 30, 2018, by, between and among Microchip Technology Incorporated, a Delaware corporation (“Sublessor”) and Eargo, Inc., a Delaware corporation (“Sublessee”), collectively referred to as the “Parties”, or individually as a “Party”.
OFFICE & PARKING LEASE Division Street Nashville, TN 37203 By and between SEV 8th and Division, LLC And Eargo, Inc.Eargo, Inc. • September 25th, 2020 • Orthopedic, prosthetic & surgical appliances & supplies • Tennessee
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 6, 2018 (the “Effective Date”) among SILICON VALLEY BANK, a California corporation (“Bank”), and EARGO, INC., a Delaware corporation (“Eargo”), and EARGO HEARING, INC., a California corporation (“Eargo Hearing”, and together with Eargo, individually and collectively, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
EARGO, INC. MANUFACTURING AGREEMENTManufacturing Agreement • September 25th, 2020 • Eargo, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • California
This Manufacturing Agreement (the “Agreement”) is entered into by and between Eargo, Inc., a Delaware corporation having its principal place of business at 295 N. Bernardo Ave, Suite 100, Mountain View, CA 94043, United States, and all affiliates and wholly owned subsidiaries (“Eargo”) and PEGATRON CORPORATION, having its principal place of business at No. 76, Ligong Street, Beitou, Taipei, Taiwan, 112 (“Supplier”), effective as of the 21 day of August, 2018 (the “Effective Date”).
