thirty percent Uses in Change of Control Clause

Change of Control from Executive Employment Agreement

This Executive Employment Agreement (the Agreement) is made effective as of January 3, 2011 (the Effective Date), by and between NuVasive, Inc. (the Company) and Alexis V. Lukianov (the Executive).

Change of Control. For purposes of this Agreement, a Change of Control is defined as a Fundamental Transaction (as that term is defined in the 2004 EIP) as well as any of the following occurrences: