INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • June 21st, 2016 • Viveve Medical, Inc. • Electromedical & electrotherapeutic apparatus
This INTELLECTUAL PROPERTY SECURITY AGREEMENT, dated as of June 20, 2016 (the “Agreement”), between WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), and VIVEVE MEDICAL, INC., a Delaware corporation (“Grantor”), is made with reference to the Loan and Security Agreement, dated as of June 20, 2016 (as amended from time to time, the “Loan Agreement’), by and among Lender, Grantor and VIVEVE, INC, a Delaware corporation. Terms defined in the Loan Agreement have the same meaning when used in this Agreement.
COMMON STOCK PURCHASE WARRANT Issue Date: June 20, 2016 To Purchase 100,402 Shares of Common Stock of VIVEVE MEDICAL, INC.Viveve Medical, Inc. • June 21st, 2016 • Electromedical & electrotherapeutic apparatus
THIS COMMON STOCK PURCHASE WARRANT CERTIFIES that, for value received, Western Alliance Bank, an Arizona corporation and its assignee (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Issue Date (the “Initial Exercise Date”) and on or prior to the close of business on the earlier of the tenth anniversary of the Issue Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Viveve Medical, Inc., a Delaware corporation (the “Company”), up to an aggregate of 100,402 shares (the “Warrant Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) in accordance with Section 2 or Section 3 herein. The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $4.98, subject to adjustment hereunder. The Exercise Price and the number of Warrant Shares for which the Warrant is exercisable shall be
VIVEVE MEDICAL, INC., a delaware corporation VIVEVE, INC., a delaware corporation WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 21st, 2016 • Viveve Medical, Inc. • Electromedical & electrotherapeutic apparatus • California
This LOAN AND SECURITY AGREEMENT is entered into as of June 20, 2016, by and among WESTERN ALLIANCE BANK, an Arizona corporation (“Bank”), VIVEVE MEDICAL, INC., a Delaware corporation (“Parent”), and Viveve, inc., a Delaware corporation (“Viveve”) (individually and collectively, jointly and severally, “Borrower”).
