LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 20, 2020 (the “Closing Date”) is entered into among CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”), PULMONX CORPORATION, a Delaware corporation (“Pulmonx”), each other Person party hereto as a borrower from time to time (together with Pulmonx, collectively, “Borrowers”, and each, a “Borrower”) and each Person party hereto as a Guarantor (as defined below) from time to time.
PULMONX CORPORATION EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This Executive Employment Agreement (the "Agreement") is made and entered into effective as of December 10, 2014 (the "Effective Date") by and between Glendon E. French ("Executive") and Pulmonx Corporation, a Delaware corporation (the "Company").
PULMONX INTERNATIONAL SARL CONSULTING AGREEMENTConsulting Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This Consulting Agreement (the “Agreement”) is effective as of October 1, 2013 (“Effective Date”) and is entered into by and between Pulmonx International Sarl, a Swiss company (collectively with any or its current or future subsidiaries, affiliates, successors or assigns, the “Company”), and ORSCO LIFE SCIENCES AG (“Consultant”). The parties agree to the following:
AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
This Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of April 16, 2019 (the “Effective Date”), by and among Pulmonx Corporation, a Delaware corporation (the “Company”), the holders of the Company’s Series A‑1 Preferred Stock (the “Series A‑1 Preferred Stock”) set forth on Exhibit A hereto (the “Series A‑1 Holders”), the holders of the Company’s Series B‑1 Preferred Stock (the “Series B‑1 Preferred Stock”) set forth on Exhibit A hereto (the “Series B‑1 Holders”), the holders of the Company’s Series C‑1 Preferred Stock (the “Series C‑1 Preferred Stock”) set forth on Exhibit A hereto (the “Series C-1 Holders”), the holders of the Company’s Series D-1 Preferred Stock (the “Series D-1 Preferred Stock”) set forth on Exhibit A hereto (the “Series D‑1 Holders”), the holders of the Company’s Series E-1 Preferred Stock (the “Series E-1 Preferred Stock”) set forth on Exhibit A hereto (the “Series E‑1 Holders”), the holders of the Company’s Series F-1 Preferred Stock
SECOND AMENDMENT TO OFFICE LEASEOffice Lease • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This SECOND AMENDMENT TO OFFICE LEASE ("Second Amendment") is made and entered into as of the 7th day of November, 2019, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • New York
This INTELLECTUAL PROPERTY SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of February 20, 2020, between CANADIAN IMPERIAL BANK OF COMMERCE (“Lender”) and PULMONX COPORATION, a Delaware corporation (“Grantor”).
OFFICE LEASEOffice Lease • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus • California
Page ARTICLE I PREMISES, BUILDING, PROJECT, AND COMMON AREAS 4 ARTICLE 2 LEASE TERM; OPTION TERM 5 ARTICLE 3 BASE RENT 7 ARTICLE 4 ADDITIONAL RENT 7 ARTICLE 5 USE OF PREMISES 13 ARTICLE 6 SERVICES AND UTILITIES 19 ARTICLE 7 REPAIRS AND MAINTENANCE 20 ARTICLE 8 ADDITIONS AND ALTERATIONS 21 ARTICLE 9 COVENANT AGAINST LIENS 22 ARTICLE 10 INSURANCE 23 ARTICLE 11 DAMAGE AND DESTRUCTION 24 ARTICLE 12 NONWAIYER 26 ARTICLE 13 CONDEMNATION 26 ARTICLE 14 ASSIGNMENT AND SUBLETTING 27 ARTICLE 15 SURRENDER OF PREMISES; OWNERSHIP AND REMOVAL OF TRADE FIXTURES 30 ARTICLE 16 HOLDING OVER 32 ARTICLE 17 ESTOPPEL CERTIFICATES 32 ARTICLE 18 SUBORDINATION 33 ARTICLE 19 DEFAULTS; REMEDIES 33 ARTICLE 20 COVENANT OF QUIET ENJOYMENT 35 ARTICLE 21 SECURITY DEPOSIT; LETTER OF CREDIT 35 ARTICLE 22 LANDLORD DEFAULT 38 ARTICLE 23 SIGNS 38 ARTICLE 24 COMPLIANCE WITH LAW 39 ARTICLE 25 LATE CHARGES 39 ARTICLE 26 LANDLORD'S RIGHT TO CURE DEFAULT; PAYMENTS BY TENANT 39 ARTICLE 27 ENTRY BY LANDLORD 40 ARTICLE 28 TENANT P
FIRST AMENDMENT TO OFFICE LEASEOffice Lease • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
This FIRST AMENDMENT TO OFFICE LEASE ("First Amendment") is made and entered into as of the 3rd day of October, 2014, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited partnership ("Landlord"), and PULMONX CORPORATION, a Delaware corporation ("Tenant").
AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sárl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, is hereby amended and restated to read as follows:
SECOND AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sàrl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, as amended as of March 1, 2014 is hereby amended and restated to read as follows:
THIRD AMENDMENT TO CONSULTING AGREEMENTConsulting Agreement • February 28th, 2020 • Pulmonx Corp • Surgical & medical instruments & apparatus
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sàrl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, as amended, is hereby amended and restated to read as follows:
