Amendment to Loan and Security AgreementLoan and Security Agreement • June 25th, 2007 • Ats Medical Inc • Orthopedic, prosthetic & surgical appliances & supplies
THIS AMENDMENT to Loan and Security Agreement (this “Amendment”) is entered as of June 18, 2007 by and between Silicon Valley Bank (“Bank”) and ATS Medical, Inc., a Minnesota corporation (the “Borrower”) whose address is 3905 Annapolis Lane, Suite 105, Minneapolis, Minnesota 55447.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 25th, 2007 • Ats Medical Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
THIS ASSET PURCHASE AGREEMENT, dated June 19, 2007 (this “Agreement”), is by and between ATS Medical, Inc., a Minnesota corporation (“Purchaser”), and CryoCath Technologies Inc., a company incorporated under Part 1A of the Companies Act (Quebec) (“Seller”).
June 7, 2007 CryoCath Technologies Inc. 16771 Chemin Ste-Marie Montreal, Quebec H9H 5H3 Canada ATS Medical, Inc. 3905 Annapolis Lane #105 Minneapolis, MN 55447 Ladies and Gentlemen:Ats Medical Inc • June 25th, 2007 • Orthopedic, prosthetic & surgical appliances & supplies • New York
This letter (this “Letter Agreement”) shall serve as evidence of our agreement to the bifurcation of the Asset Purchase and Technology License Agreement between CryoCath Technologies, Inc. (“CryoCath”) and Endocare, Inc. (“Endocare”) dated April 14, 2003 (the “Existing CryoCath Agreement”) and the assignment of one of the two resulting bifurcated agreements to ATS Medical, Inc. (“ATS”), all on the terms and subject to the conditions set forth in this letter. Capitalized terms used but not otherwise defined herein shall have the respective definitions given to such terms in the Existing CryoCath Agreement.
COMMON STOCK AND WARRANT PURCHASE AGREEMENTCommon Stock and Warrant Purchase Agreement • June 25th, 2007 • Ats Medical Inc • Orthopedic, prosthetic & surgical appliances & supplies • New York
THIS COMMON STOCK AND WARRANT PURCHASE AGREEMENT (“Agreement”) is made as of the 19th day of June, 2007 by and among ATS Medical Inc., a Minnesota corporation (the “Company”), and the other Persons set forth on the signature pages hereto (each an “Investor” and collectively the “Investors”).
