SIXTEENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 20th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This SIXTEENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of July 15, 2017 (the “Amendment Closing Date”) by and among Bacterin International, Inc., a Nevada corporation (the “Borrower”), ROS acquisition offshore lp, a Cayman Islands Exempted Limited Partnership (“ROS”), ORBIMED ROYALTY OPPORTUNITIES II, LP, a Delaware limited partnership (“Royalty Opportunities”), and, in their capacity as Guarantors under the Credit Agreement (as defined below), XTANT MEDICAL HOLDINGS, INC., a Delaware corporation (“Holdings”), X-SPINE SYSTEMS, INC., an Ohio corporation (“X-Spine” or the “Additional Delayed Draw Borrower” and, together with the Borrower, the “Borrowers”) and XTANT MEDICAL, INC., a Delaware corporation (“Xtant” and, along with Holdings and X-Spine, collectively, the “Guarantors”).
Omnibus WAIVEROmnibus Waiver • July 20th, 2017 • Xtant Medical Holdings, Inc. • Biological products, (no disgnostic substances) • New York
This OMNIBUS WAIVER (this “Waiver”) is made and entered into as of July 15, 2017 by ROS acquisition offshore lp (“ROS”), ORBIMED ROYALTY OPPORTUNITIES II, LP (“Royalty Opportunities”), BRUCE FUND, INC. (“Bruce Fund”), PARK WEST PARTNERS INTERNATIONAL, LIMITED (“PWPI”), PARK WEST INVESTORS MASTER FUND, LIMITED (“PWIMF”) and TELEMETRY SECURITIES, L.L.C. (“Telemetry” and, together with ROS, Royalty Opportunities, Bruce Fund, PWPI and PWIMF, collectively, the “Holders”).
