LIMITED CONSENT AND SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN)Credit and Security Agreement • January 5th, 2022 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Maryland
This LIMITED CONSENT AND SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (TERM LOAN) (this “Agreement”) is made as December 31, 2021, by and among SIENTRA, INC., a Delaware corporation, MIST HOLDINGS, INC., a Delaware corporation (formerly known as Miramar Labs, Inc. and MiraDry Holdings, Inc.), MIST, INC., a Delaware corporation (formerly known as Miramar Technologies, Inc. and MiraDry, Inc.), MIST INTERNATIONAL, INC., a Delaware corporation (formerly known as MiraDry International, Inc.), MIDCAP FINANCIAL TRUST, as Agent (in such capacity, together with its successors and assigns, “Agent”), and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • January 5th, 2022 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • Delaware
AMENDMENT NO. 3 TO FACILITY AGREEMENTFacility Agreement • January 5th, 2022 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies • New York
This AMENDMENT NO. 3 TO FACILITY AGREEMENT, dated as of December 31, 2021 (this “Agreement”), is entered into among SIENTRA, INC., a Delaware corporation (the “Borrower”), each of the Loan Parties party hereto, the Lenders party hereto constituting the Required Lenders, and DEERFIELD PARTNERS, L.P., as Agent for itself and the Lenders (the “Agent”).
