0000950123-18-003024 Sample Contracts

Contract
Neuronetics, Inc. • March 16th, 2018 • Surgical & medical instruments & apparatus • New York

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 5.5 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.

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EMPLOYMENT AGREEMENT
Employment Agreement • March 16th, 2018 • Neuronetics, Inc. • Surgical & medical instruments & apparatus • Delaware

THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated as of November 1, 2014, (the “Effective Date”) is made and entered into by and between Neuronetics, Inc., a Delaware corporation (the “Company”), and Christopher Thatcher (the “Executive”).

SIXTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT by and among NEURONETICS, INC. and THE STOCKHOLDERS LISTED HEREIN Dated as of June 1, 2017
Investors’ Rights Agreement • March 16th, 2018 • Neuronetics, Inc. • Surgical & medical instruments & apparatus • Delaware

This Sixth Amended and Restated Investors’ Rights Agreement (this “Agreement”), dated as of June 1, 2017, is by and among Neuronetics, Inc., a Delaware corporation (the “Company”), those holders of Series A-1 Preferred Stock listed on the Schedule of Series A-1 Stockholders attached hereto (the “Series A-1 Stockholders”), those holders of Series A-2 Preferred Stock listed on the Schedule of Series A-2 Stockholders attached hereto (the “Series A-2 Stockholders”), those holders of Series B Preferred Stock listed on the Schedule of Series B Stockholders attached hereto (the “Series B Stockholders”), those holders of Series C Preferred Stock listed on the Schedule of Series C Stockholders attached hereto (the “Series C Stockholders”), those holders of Series D Preferred Stock listed on the Schedule of Series D Stockholders attached hereto (the “Series D Stockholders”), those holders of Series E Preferred Stock listed on the Schedule of Series E Stockholders attached hereto (the “Series E S

NEURONETICS, INC. DISTRIBUTION AGREEMENT
Distribution Agreement • March 16th, 2018 • Neuronetics, Inc. • Surgical & medical instruments & apparatus • New York

This Distribution Agreement (this “Agreement”) is made and entered into this 12th day of October 2017 (the “Effective Date”) by and between Neuronetics, Inc., a Delaware corporation having its principal offices at 3222 Phoenixville Pike, Malvern, Pennsylvania, 19355, USA (“Company”), and Teijin Pharma Limited, a Japanese company having its principal offices at 2-1, Kasumigaseki 3-chome, Chiyoda-ku, Tokyo 100-8585, Japan (“Distributor”). Each of Company and Distributor are sometimes referred to individually in this Agreement as a “Party” and collectively as the “Parties.”

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