AMENDMENT NO. 2 TO TEMPORARY WAIVER AND EXCHANGE AGREEMENT AND TEMPORARY AMENDMENT TO FACILITY AGREEMENTTemporary Waiver and Exchange Agreement • January 29th, 2024 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies
This AMENDMENT NO. 2 TO TEMPORARY WAIVER AND EXCHANGE AGREEMENT AND TEMPORARY AMENDMENT TO FACILITY AGREEMENT (this “Agreement”), dated as of January 28, 2024, is by and among Sientra, Inc., a Delaware corporation (the “Borrower”), the other Loan Parties (as defined in the Facility Agreement (as defined below)) signatory hereto, and Deerfield Partners, L.P., in its capacity as Agent for the Lenders (in such capacity, the “Agent”) and as a lender (the “Lender”). Capitalized terms used but not otherwise defined in this Agreement shall have the respective meanings given to them in the Temporary Waiver and Exchange Agreement (as defined below) or the Facility Agreement, as applicable.
TEMPORARY WAIVER AND EXCHANGE AGREEMENTTemporary Waiver and Exchange Agreement • October 31st, 2023 • Sientra, Inc. • Orthopedic, prosthetic & surgical appliances & supplies
This TEMPORARY WAIVER AND EXCHANGE AGREEMENT (including the schedules, annexes and exhibits hereto, this “Agreement”), dated as of October 30, 2023 (the “Effective Date”), is by and among Sientra, Inc., a Delaware corporation (the “Borrower” or the “Company” as applicable), the other Loan Parties (as defined in the Facility Agreement (as defined below)) signatory hereto, and Deerfield Partners, L.P., in its capacity as Agent for the Lenders (in such capacity, the “Agent”) and as a lender (the “Lender”). Capitalized terms used but not otherwise defined in this Agreement shall have the respective meanings given to them in the Facility Agreement.
