NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 30th, 2002 • Diomed Holdings Inc • Surgical & medical instruments & apparatus • New York
THIS NOTE PURCHASE AGREEMENT (this “Agreement”), dated as of December 27, 2002, is entered into by and among Diomed Holdings, Inc., a Delaware corporation, with headquarters located at One Dundee Park, Andover, MA 01810 (the “Company”), Diomed, a Delaware corporation and a wholly-owned subsidiary of the Company (“Diomed”) each entity named on the signature page hereto as a Note Purchaser and the permitted assigns of each such entity (each, a “Note Purchaser”) and, Gibralt US, Inc., a Coloarado corporation (the “Designated Purchaser”) (each agreement with a Note Purchaser being deemed a separate and independent agreement between the Company and such Note Purchaser, except that each Note Purchaser acknowledges and consents to the rights granted to each other Note Purchaser under this Agreement and the other Documents (as defined below)).
