COMMON STOCK PURCHASE WARRANT AVINGER, INC.Avinger Inc • March 7th, 2024 • Surgical & medical instruments & apparatus
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [__] or its assigns (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 date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [__] (the “Termination Date”) but not thereafter, to subscribe for and purchase from Avinger, Inc., a Delaware corporation (the “Company”), up to [__] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is issued pursuant to that certain engagement letter, dated as of [__], by and between the Company and [__].
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 7th, 2024 • Avinger Inc • Surgical & medical instruments & apparatus • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into effective as of March 5, 2024, by and among Avinger, Inc., a Delaware corporation (the “Company”), and CRG Partners III L.P., CRG Partners III - Parallel Fund “A” L.P., CRG Partners III – Parallel Fund “B” (Cayman) L.P., CRG Partners III (Cayman) LEV AIV L.P. and CRG Partners III (Cayman) UNLEV AIV L.P. (together, “CRG” or the “Holders”, with each of the purchasing entities, a “Holder”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 7th, 2024 • Avinger Inc • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is made as of March 5, 2024, by and among CRG Partners III L.P., CRG Partners III - Parallel Fund “A” L.P., CRG Partners III – Parallel Fund “B” (Cayman) L.P., CRG Partners III (Cayman) LEV AIV L.P. and CRG Partners III (Cayman) UNLEV AIV L.P. (together, “CRG” or the “Purchasers”, with each of the purchasing entities, a “Purchaser”) and Avinger, Inc., a Delaware corporation (the “Company”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 7th, 2024 • Avinger Inc • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made as of March 5, 2024, by and between Zylox Tonbridge Medical Limited, a company established under the laws of Hong Kong (“Zylox” or the “Purchaser”), and Avinger, Inc., a Delaware corporation (the “Company”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 7th, 2024 • Avinger Inc • Surgical & medical instruments & apparatus
This Securities Purchase Agreement (this “Agreement”) is made as of March 4, 2024, by and between Zylox Tonbridge Medical Limited, a company established under the laws of Hong Kong (“Zylox” or the “Purchaser”), and Avinger, Inc., a Delaware corporation (the “Company”).
Project Artery Strategic Cooperation Framework AgreementStrategic Cooperation Framework Agreement • March 7th, 2024 • Avinger Inc • Surgical & medical instruments & apparatus • Hong Kong
This Strategic Cooperation Framework Agreement (the “Framework Agreement”) is entered into effective as of the effective date of the License and Distribution Agreement (as defined below) (the “Effective Date”) by and between Avinger, a company organized and existing under the laws of United States of America (“USA” or "US"), legally represented by Jeffrey M. SOINSKI, having its address at 400 Chesapeake Drive, Redwood City, CA 94063, USA (“Avinger” or “Party A”) and Zylox-Tonbridge Medical Technology Co., Ltd., a company established in the People's Republic of China (“PRC”), legally represented by Dr. Jonathon Zhong ZHAO, with its registered office at 270 Shuyun Road, Yuhang District, Hangzhou, Zhejiang Province, China (“Zylox” or “Party B”). Avinger and Zylox are referred to herein individually as a “Party” and collectively as the “Parties”.
AMENDMENT NO. 9 TO TERM LOAN AGREEMENTTerm Loan Agreement • March 7th, 2024 • Avinger Inc • Surgical & medical instruments & apparatus • New York
THIS AMENDMENT NO. 9 TO TERM LOAN AGREEMENT dated as of March 5, 2024 (this “Agreement”), is made among AVINGER, INC., a Delaware corporation (“Borrower”), the Subsidiary Guarantors from time to time party thereto (together with Borrower, the Obligors”), and the Lenders listed on the signature pages hereto under the heading “LENDERS” (each a “Lender” and, collectively, “Lenders”), with respect to the Loan Agreement referred to below.
