April 10, 2018 Scott K. Murcray, CPA Via Email: Re: Amendment to Offer Letter Agreement – Interim CEO Dear Scott:Airxpanders Inc • July 31st, 2018 • Orthopedic, prosthetic & surgical appliances & supplies
As you know, you are currently employed as Chief Financial Officer and Chief Operating Officer (“CFO/COO”) at AirXpanders, Inc. (the “Company”) pursuant to your Amended and Restated Offer Letter, dated October 25, 2017 (the “Offer Letter Agreement”). This letter is intended to modify your Offer Letter Agreement to reflect your new interim position with the Company.
ContractAirxpanders Inc • July 31st, 2018 • Orthopedic, prosthetic & surgical appliances & supplies • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTION 5.3 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
April 6, 2018 Scott Dodson HOME ADDRESS Dear Scott:Airxpanders Inc • July 31st, 2018 • Orthopedic, prosthetic & surgical appliances & supplies
This letter confirms the termination of your employment with AirXpanders, Inc. (the “Company”) and sets forth the substance of the separation agreement (the “Agreement”) that the Company is offering to you to aid in your employment transition.
Frank Grillo Via Email: @gmail.com Re: Employment Terms Dear Frank:Airxpanders Inc • July 31st, 2018 • Orthopedic, prosthetic & surgical appliances & supplies
WAIVER AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 31st, 2018 • Airxpanders Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
THIS WAIVER AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of April 26, 2018 (the “Second Amendment Date”), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and AirXpanders, Inc., a Delaware corporation with offices located at 1047 Elwell Court, Palo Alto, CA 94303 (“Borrower”).
WAIVER AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTWaiver and Fourth • July 31st, 2018 • Airxpanders Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
THIS WAIVER AND FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of July 30, 2018 (the “Fourth Amendment Date”), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and AirXpanders, Inc., a Delaware corporation with offices located at 1047 Elwell Court, Palo Alto, CA 94303 (“Borrower”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 31st, 2018 • Airxpanders Inc • Orthopedic, prosthetic & surgical appliances & supplies • California
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of June 5, 2018 (the “Third Amendment Date”), by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 133 North Fairfax Street, Alexandria, Virginia 22314, as collateral agent (in its individual capacity, “Oxford”; and in its capacity as collateral agent, “Collateral Agent”), the Lenders listed on Schedule 1.1 of the Loan Agreement (as defined below) from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), and AirXpanders, Inc., a Delaware corporation with offices located at 1047 Elwell Court, Palo Alto, CA 94303 (“Borrower”).
