REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 13th, 2007 • Third Wave Technologies Inc /Wi • Biological products, (no disgnostic substances) • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of December 10, 2007, by and between THIRD WAVE TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and DEERFIELD PRIVATE DESIGN FUND, L.P. (“Deerfield Private Design Fund”) and DEERFIELD PRIVATE DESIGN INTERNATIONAL, L.P. (“Deerfield Private Design International and together with Deerfield Private Design, the “Buyer”).
ContractThird Wave Technologies Inc /Wi • December 13th, 2007 • Biological products, (no disgnostic substances) • New York
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF OR EXERCISED UNLESS (i) A REGISTRATION STATEMENT UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS SHALL HAVE BECOME EFFECTIVE WITH REGARD THERETO, OR (ii) AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER, SALE OR TRANSFER.
FIRST AMENDMENT TO CONVERTIBLE SENIOR SUBORDINATED ZERO-COUPON PROMISSORY NOTEThird Wave Technologies Inc /Wi • December 13th, 2007 • Biological products, (no disgnostic substances)
THIS FIRST AMENDMENT TO CONVERTIBLE SENIOR SUBORDINATED ZERO-COUPON PROMISSORY NOTE (this “Amendment”) is made and entered into as of the 10th day of December, 2007, by and among Third Wave Technologies, Inc., a Delaware corporation (the “Company”), and Stark Onshore Master Holding LLC (“Holder”).
FACILITY AGREEMENTFacility Agreement • December 13th, 2007 • Third Wave Technologies Inc /Wi • Biological products, (no disgnostic substances) • New York
FACILITY AGREEMENT (this “Agreement”), dated as of December 10, 2007, between Third Wave Technologies, Inc., a Delaware corporation (the “Borrower”), and Deerfield Private Design Fund, L.P., a Delaware limited partnership (“Deerfield Private Design Fund”) and Deerfield Private Design International, L.P., a limited partnership organized under the laws of the British Virgin Islands (“Deerfield Private Design International”, the “Offshore Lender”), (Deerfield Private Design Fund, and the Offshore Lender are referred to collectively herein as the “Lenders” and, together with the Borrower, as, the “Parties”).
