Attached files
file | filename |
---|---|
10-Q - FORM 10-Q - BIOLASE, INC | c07638e10vq.htm |
EX-10.2 - EXHIBIT 10.2 - BIOLASE, INC | c07638exv10w2.htm |
EX-32.1 - EXHIBIT 32.1 - BIOLASE, INC | c07638exv32w1.htm |
EX-10.3 - EXHIBIT 10.3 - BIOLASE, INC | c07638exv10w3.htm |
EX-10.6 - EXHIBIT 10.6 - BIOLASE, INC | c07638exv10w6.htm |
EX-10.4 - EXHIBIT 10.4 - BIOLASE, INC | c07638exv10w4.htm |
EX-10.9 - EXHIBIT 10.9 - BIOLASE, INC | c07638exv10w9.htm |
EX-10.7 - EXHIBIT 10.7 - BIOLASE, INC | c07638exv10w7.htm |
EX-10.1 - EXHIBIT 10.1 - BIOLASE, INC | c07638exv10w1.htm |
EX-31.1 - EXHIBIT 31.1 - BIOLASE, INC | c07638exv31w1.htm |
EX-10.5 - EXHIBIT 10.5 - BIOLASE, INC | c07638exv10w5.htm |
Exhibit 10.8
AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK
THIS AMENDMENT NO. 1 TO WARRANT TO PURCHASE STOCK is made as of September 23, 2010 by and
between Midcap Financial, LLC (Holder) and Biolase Technology, Inc., a Delaware corporation (the
Company).
WHEREAS, Holder is the holder of that certain Warrant to Purchase Stock dated as of May 27,
2010 issued by the Company to Holder (the Warrant); and
WHEREAS, in connection with that certain Waiver and First Loan Modification Agreement, of even
date herewith, to that certain Loan and Security Agreement dated May 27, 2010, among Midcap
Financial, LLC, Silicon Valley Bank and the Company, the parties hereto desire to amend the Warrant
in the manner set forth below;
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Warrant Amendment. The Warrant is hereby amended so that from and after the date
hereof, the Initial Shares Warrant Price and the Additional Shares Warrant Price (each as defined
in the Warrant, and referred to therein sometimes as the Warrant Price) shall be $0.84, subject
to further adjustment hereafter from time to time in accordance with the provisions of the Warrant.
2. No Other Amendments. Except as amended hereby, the Warrant shall remain in full
force and effect as originally written.
3. Governing Law. This Amendment No. 1 shall be governed by and construed in
accordance with the laws of the State of Delaware, without regard to its conflict of laws
provisions.
[Remainder of page left blank intentionally]
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to Warrant to Purchase
Stock as of the date first above written.
BIOLASE TECHNOLOGY, INC. |
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By: | /s/ Federico Pignatelli | |||
Name: | Federico Pignatelli | |||
Title: | Chairman and interim Chief Executive Officer |
MIDCAP FINANCIAL, LLC |
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By: | /s/ Luis Viera | |||
Name: | Luis Viera | |||
Title: | Managing Director |
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