NuVasive, Inc. 2.25% Convertible Senior Notes Due 2013 Purchase Agreement (May 9th, 2008)
NuVasive, Inc., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell to the Purchasers named in Schedule I hereto (the Purchasers), for whom you are acting as representatives (the Representatives), an aggregate of $200,000,000 principal amount of the 2.25% Convertible Senior Notes due 2013 (the Firm Securities), convertible into shares of common stock of the Company, par value $0.001 per share (Stock), and, at the election of the Purchasers, up to an aggregate of $30,000,000 additional principal amount of 2.25% Convertible Senior Notes due 2013 (the Optional Securities) (the Firm Securities and the Optional Securities which the Purchasers elect to purchase pursuant to Section 2 hereof are herein collectively called the Securities).
NUVASIVE 10065 OLD GROVE ROAD SAN DIEGO, CA 92131 Creative Spine Technology 858.271.7070 Toll Free: 800.455.1476 Fax: 858.271.7101 (March 5th, 2004)
The purpose of this letter is to memorialize our understanding regarding the amendment of the terms of your original employment with the NuVasive, Inc. (the "Company"). For purposes of this letter, the terms Involuntary Termination, Corporate Transaction and Service shall have the meaning set forth in the Company's 1998 Stock Option/Stock Issuance Plan (the "Plan").