INDEMNIFICATION AGREEMENTIndemnification Agreement • September 10th, 2020 • Gi Dynamics, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of ______, 20__ between GI Dynamics, Inc., a Delaware corporation (the “Company”), and [ ] (“Indemnitee”).
GI DYNAMICS, INC. INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 10th, 2020 • Gi Dynamics, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS INVESTORS’ RIGHTS AGREEMENT (this “Agreement”), is made as of the 4th day of September, 2020, by and among GI Dynamics, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto and any Additional Purchaser (as defined in the Purchase Agreement) that becomes a party to this Agreement in accordance with Subsection 6.9 hereof, which are referred to in this Agreement collectively as the “Investors” and individually as an “Investor.”
GI DYNAMICS, INC. VOTING AGREEMENTVoting Agreement • September 10th, 2020 • Gi Dynamics, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS VOTING AGREEMENT (this “Agreement”), is made and entered into as of this 4th day of September, 2020, by and among GI Dynamics, Inc., a Delaware corporation (the “Company”), each holder of Series A Preferred Stock, $0.01 par value per share, of the Company (“Series A Preferred Stock”) listed on Schedule A (together with any subsequent investors, or transferees, who become parties hereto as “Investors” pursuant to Subsections 7.1(a) or 7.2 below, the “Investors”), and those certain holders of common stock, $0.01 par value per share, of the Company (“Common Stock”) listed on Schedule B (together with any subsequent stockholders, or any transferees, who become parties hereto as “Key Holders” pursuant to Subsections 7.1(b) or 7.2 below, the “Key Holders,” and, collectively with the Investors, the “Stockholders”).
Note Exchange and Warrant Cancellation Agreement GI Dynamics, Inc. Note Exchange and Warrant Cancellation AgreementExchange and Warrant Cancellation Agreement • September 10th, 2020 • Gi Dynamics, Inc. • Surgical & medical instruments & apparatus • New York
This Note Exchange and Warrant Cancellation Agreement (this “Agreement”) is made as of the 4th day of September, 2020 (the “Effective Date”), between GI Dynamics, Inc., a Delaware corporation (the “Company”), and Crystal Amber Fund Limited (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the New Note (as defined below).
GI DYNAMICS, INC. RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENTTable of Contents • September 10th, 2020 • Gi Dynamics, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT (this “Agreement”), is made as of the 4th day of September, 2020, by and among GI Dynamics, Inc., a Delaware corporation (the “Company”), the Investors (as defined below) listed on Schedule A and the Key Holders (as defined below) listed on Schedule B.
