0000950123-18-009124 Sample Contracts

VAPOTHERM, INC. ELEVENTH AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT
Stockholders’ Agreement • August 24th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Delaware

THIS ELEVENTH AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT (this “Agreement”) is made and entered into as of October 13, 2017 by and among Vapotherm, Inc., a Delaware corporation (the “Company”), and the Persons named in Schedule A hereto (the “Stockholders”).

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VAPOTHERM, INC. NINTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 24th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Delaware

THIS NINTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is dated as of May 11, 2017, by and among VAPOTHERM, INC., a Delaware corporation (the “Company”); holders of shares of the Company’s Series A Preferred Stock (the “Series A Investors”); holders of shares of the Company’s Series B Preferred Stock (the “Series B Investors”); holders of shares of the Company’s Series C Preferred Stock (the “Series C Investors”); holders of shares of the Company’s Series D Preferred Stock (the “Series D Investors”); Bridge Bank, National Association (“Bridge Bank”), and Comerica Bank (“Comerica,” and together with the Series A Investors, the Series B Investors, the Series C Investors, the Series D Investors, and Bridge Bank, the “Investors”); in each case, as listed on Exhibit A, which may be amended from time to time by the Company.

EMPLOYMENT AGREEMENT
Employment Agreement • August 24th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • Maryland

This EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of July 30, 2012, by and between JOSEPH ARMY (the “Executive”) and VAPOTHERM, INC., a Maryland corporation (the “Company”).

CREDIT AGREEMENT AND GUARANTY dated as of April 6, 2018 among VAPOTHERM, INC. as the Borrower, CERTAIN SUBSIDIARIES THAT MAY BE REQUIRED TO PROVIDE GUARANTEES FROM TIME TO TIME HEREUNDER, as the Guarantors, THE LENDERS FROM TIME TO TIME PARTY HERETO,...
Credit Agreement and Guaranty • August 24th, 2018 • Vapotherm Inc • Surgical & medical instruments & apparatus • New York

CREDIT AGREEMENT AND GUARANTY, dated as of April 6, 2018 (this “Agreement”), among VAPOTHERM, INC., a Delaware corporation (the “Borrower”), certain Subsidiaries that may be required to provide Guarantees from time to time hereunder, the lenders from time to time party hereto (each, a “Lender” and collectively, the “Lenders”), and PERCEPTIVE CREDIT HOLDINGS II, LP, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

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