WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • February 16th, 2023 • MedAvail Holdings, Inc. • Retail-drug stores and proprietary stores • California
This WARRANT TO PURCHASE STOCK (as amended and in effect from time to time, this “Warrant”) is issued as of the issue date set forth on Schedule I hereto (the “Issue Date”) by the company set forth on Schedule I hereto (the “Company”) to SILICON VALLEY BANK in connection with that certain Loan and Security Agreement dated as of June 7, 2021, by and among, the Company, the Borrowers (a defined therein), Silicon Valley Bank as Agent and the Lenders from time to time party thereto (as may from time to time be further amended, modified, supplemented or restated, collectively, the “Loan Agreement”), and shall be transferred to SVB FINANCIAL GROUP pursuant to Section 6.4 below. The parties agree as follows:
WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • February 10th, 2010 • GameFly Inc. • 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 AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
SECOND AMENDMENT TO WARRANT TO PURCHASE STOCK [October 26, 2011 Warrant]Warrant to Purchase Stock • December 29th, 2014 • Carbylan Therapeutics, Inc. • Pharmaceutical preparations
THIS SECOND AMENDMENT TO WARRANT TO PURCHASE STOCK (this “Amendment”) is deemed effective as of February 12th, 2013, by and between SVB FINANCIAL GROUP (“SVB Financial Group” or “Holder”) and CARBYLAN BIOSURGERY, INC., a Delaware corporation (the “Company”).
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • June 1st, 2018 • Domo, Inc. • Services-prepackaged software
This First Amendment to Warrant to Purchase Stock (“Amendment”) is entered into as of April 17, 2018, by and between Domo, Inc., a Delaware corporation (the “Company”) and __________________ (“Holder”).
WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • September 15th, 2004 • Salmedix Inc • Pharmaceutical preparations • 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 AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED WITHOUT AN EFFECTIVE REGISTRATION THEREOFUNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
AMENDMENT TO AMENDED AND RESTATED WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • March 9th, 2011 • Newgistics, Inc
This Amendment to Amended and Restated Warrant to Purchase Stock (this “Amendment”) is entered into as of February 14, 2006, by and between COMERICA INCORPORATED (“Comerica”) and NEWGISTICS, INC. (“Company”). Unless otherwise defined, all initially capitalized terms in this Amendment shall be as defined in the Warrant (as defined below).
SECOND AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • May 12th, 2017 • Roka BioScience, Inc. • Laboratory analytical instruments
This Second Amendment to Warrant to Purchase Stock (this “Amendment”) is dated as of April 6, 2017 by and between COMERICA VENTURES INCORPORATED, successor by assignment to Comerica Bank (the “Holder”) and ROKA BIOSCIENCE, INC., a Delaware corporation (“Company”).
AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • November 20th, 2012 • Ceres, Inc. • Agricultural production-crops
This Amendment No. 1 to Warrant to Purchase Stock (“Amendment”) is entered into as of June 20, 2012 between SVB Financial Group (“Holder”) and Ceres, Inc. (“Company”).
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • February 25th, 2015 • Viveve Medical, Inc. • Electromedical & electrotherapeutic apparatus
This First Amendment to Warrant to Purchase Stock (the “Amendment”) is entered into as of February 19, 2015 by and between SQUARE 1 BANK (“Holder”) and VIVEVE, INC. (“Company”).
AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • January 25th, 2016 • Imprimis Pharmaceuticals, Inc. • Pharmaceutical preparations
This Amendment to Warrant to Purchase Stock (this “Amendment”), dated as of January 22, 2016, is being entered into between Imprimis Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and IMMY Funding LLC, a Delaware limited liability company (“IMMY Funding”). Capitalized terms used in this Amendment without definition have the respective definitions ascribed to them in the Warrant (as defined below).
WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • August 14th, 2003 • Occam Networks Inc/De • Computer communications equipment • 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 AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
ContractWarrant to Purchase Stock • May 7th, 2021 • Singular Genomics Systems, Inc. • Laboratory analytical instruments • 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 SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • February 16th, 2023 • MedAvail Holdings, Inc. • Retail-drug stores and proprietary stores • California
This WARRANT TO PURCHASE STOCK (as amended and in effect from time to time, this "Warrant") is issued as of the issue date set forth on Schedule I hereto (the "Issue Date") by the company set forth on Schedule I hereto (the "Company") to SVB INNOVATION CREDIT FUND VIII,L.P. in connection with that certain Loan and Security Agreement dated as of June 7, 2021, by and among, the Company, the Borrowers (a defined therein), Silicon Valley Bank as Agent and the Lenders from time to time party thereto (as may from time to time be further amended, modified, supplemented or restated, collectively, the "Loan Agreement"), and shall be transferred to SVB FINANCIAL GROUP pursuant to Section 6.4 below. The parties agree as follows:
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • June 1st, 2015 • Roka BioScience, Inc. • Laboratory analytical instruments
This First Amendment to Warrant to Purchase Stock (this “Amendment”) is dated as of May 29, 2015 by and between COMERICA VENTURES INCORPORATED, successor by assignment to Comerica Bank (the “Holder”) and ROKA BIOSCIENCE, INC., a Delaware corporation (“Company”).
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • March 3rd, 2021 • ThredUp Inc. • Retail-catalog & mail-order houses
This First Amendment to Warrant to Purchase Stock (this "Amendment") is entered into as of May 29, 2020, by and between WESTERN ALLIANCE BANCORPORATION ("Holdco"), and THREDUP, INC. ("Company").
Signature Page to First Amendment to Warrant to Purchase Stock]Warrant to Purchase Stock • August 26th, 2011 • Location Based Technologies, Inc. • Search, detection, navagation, guidance, aeronautical sys • California
ContractWarrant to Purchase Stock • February 22nd, 2022 • Beamr Imaging Ltd. • Services-prepackaged software
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 SECTIONS 6.3 AND 6.4 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.
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • November 5th, 2013 • diaDexus, Inc. • Pharmaceutical preparations • California
This First Amendment to Warrant to Purchase Stock (this “Amendment”) is made as of the 18th day of July, 2013 by and between diaDexus, Inc., a Delaware corporation (the “Company”), and Comerica Ventures Incorporated, a California Corporation, the holder of the Warrant (as hereinafter defined) (the “Holder”).
WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • April 23rd, 2004 • Salmedix Inc • 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 AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
AMENDMENT NO. 2 TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • November 20th, 2012 • Ceres, Inc. • Agricultural production-crops
This Amendment No. 2 to Warrant to Purchase Stock (“Amendment”) is entered into as of June 20, 2012 between SVB Financial Group (“Holder”) and Ceres, Inc. (“Company”).
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • September 19th, 2013 • LDR Holding Corp • Surgical & medical instruments & apparatus • California
This First Amendment to Warrant to Purchase Stock (this “Amendment”) is made as of the 12 day of September, 2013 by and between LDR HOLDING CORPORATION, a Delaware corporation (the “Company”), and Comerica Ventures Incorporated, a California Corporation, the holder of the Warrant (as hereinafter defined) (the “Holder”).
ContractWarrant to Purchase Stock • October 14th, 2015 • Square, Inc. • Services-prepackaged software • Delaware
THIS WARRANT AND THE SECURITIES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES OR “BLUE SKY” LAWS OF ANY JURISDICTION. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED UNLESS THE REGISTRATION PROVISIONS OF SAID ACT AND THE REGISTRATION, QUALIFICATION AND FILING REQUIREMENTS OF ALL APPLICABLE JURISDICTIONS HAVE BEEN COMPLIED WITH OR UNLESS THE COMPANY HAS RECEIVED AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION AND QUALIFICATION ARE NOT REQUIRED OR THAT THE PROPOSED TRANSACTION WILL BE EXEMPT FROM REGISTRATION, QUALIFICATION AND FILING IN ALL SUCH JURISDICTIONS OR UNLESS SOLD PURSUANT TO RULE 144 OF SAID ACT.
FIRST AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • May 12th, 2017 • Roka BioScience, Inc. • Laboratory analytical instruments
This First Amendment to Warrant to Purchase Stock (this “Amendment”) is dated as of April 6, 2017 by and between COMERICA VENTURES INCORPORATED, successor by assignment to Comerica Bank (the “Holder”) and ROKA BIOSCIENCE, INC., a Delaware corporation (“Company”).
AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • November 20th, 2012 • Ceres, Inc. • Agricultural production-crops
This Amendment No. 1 to Warrant to Purchase Stock (“Amendment”) is entered into as of June 20, 2012 between SVB Financial Group (“Holder”) and Ceres, Inc. (“Company”).
ContractWarrant to Purchase Stock • March 3rd, 2015 • Fitbit Inc • Electronic & other electrical equipment (no computer equip) • 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 AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
SECOND AMENDMENT TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • March 9th, 2011 • Newgistics, Inc
This Second Amendment to Warrant to Purchase Stock (this “Amendment”) is entered into as of February 14,2006, by and between COMERICA INCORPORATED (“Comerica”) and NEWGISTICS, INC. (“Company”). Unless otherwise defined, all initially capitalized terms in this Amendment shall be as defined in die Warrant (as defined below).
IRHYTHM TECHNOLOGIES, INC. AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCKWarrant to Purchase Stock • September 23rd, 2016 • iRhythm Technologies, Inc. • Surgical & medical instruments & apparatus • California
This Amendment No. 1 to Warrant to Purchase Stock (this “Amendment”) is entered into as of April 20, 2010 (the “Effective Date”), by and between iRhythm Technologies, Inc., a Delaware corporation (the “Company”), and SVB Financial Group (the “Holder”).