If the filing person has previously filed a statement on Schedule 13G to
report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§240.13d-1(e),
240.13d-1(f) or 240.13d-1(g), check the following box. ☐
The information required on the remainder of this cover page shall not
be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise
subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
1 |
Names of Reporting Persons.
OrbiMed Advisors LLC |
2 |
Check the Appropriate Box if a Member of a Group (See Instructions).
(a) o
(b) o |
|
3 |
SEC Use Only
|
4 |
Source of Funds (See Instructions)
AF |
5 |
Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d)
or 2(e)
|
o |
6 |
Citizenship or Place of Organization
Delaware |
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH |
7 |
Sole Voting Power
0 |
8 |
Shared Voting Power
73,114,592 |
9 |
Sole Dispositive Power
0 |
10 |
Shared Dispositive Power
73,114,592 |
11 |
Aggregate Amount Beneficially Owned by Each Reporting Person
73,114,592 |
12 |
Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See
Instructions)
|
o |
13 |
Percent of Class Represented by Amount in Row (11)
67.9%* |
14 |
Type of Reporting Person (See Instructions)
IA |
|
|
|
|
|
* This percentage is calculated based upon (i)
87,313,701 shares of common stock (“Shares”) outstanding of Xtant Medical Holdings, Inc. (the “Issuer”)
as set forth in the Issuer’s quarterly report on Form 10-Q for the quarter ending June 30, 2022, filed with the Securities and Exchange
Commission (the “SEC”) on August 4, 2022 and (ii) 20,305,429 Shares that were sold in a private placement, as described
in the Issuer’s Form 8-K filed with the SEC on August 24, 2022.
1 |
Names of Reporting Persons.
OrbiMed ROF II LLC |
2 |
Check the Appropriate Box if a Member of a Group (See Instructions).
(a) o
(b) o |
|
3 |
SEC Use Only |
4 |
Source of Funds (See Instructions)
AF |
5 |
Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e) |
o |
6 |
Citizenship or Place of Organization
Delaware |
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH |
7 |
Sole Voting Power
0 |
8 |
Shared Voting Power
17,109,618 |
9 |
Sole Dispositive Power
0 |
10 |
Shared Dispositive Power
17,109,618 |
11 |
Aggregate Amount Beneficially Owned by Each Reporting Person
17,109,618 |
12 |
Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions) |
o |
13 |
Percent of Class Represented by Amount in Row (11)
15.9%* |
14 |
Type of Reporting Person (See Instructions)
IA |
|
|
|
|
|
* This percentage is calculated based upon (i)
87,313,701 shares of common stock (“Shares”) outstanding of Xtant Medical Holdings, Inc. (the “Issuer”)
as set forth in the Issuer’s quarterly report on Form 10-Q for the quarter ending June 30, 2022, filed with the Securities and Exchange
Commission (the “SEC”) on August 4, 2022 and (ii) 20,305,429 Shares that were sold in a private placement, as described
in the Issuer’s Form 8-K filed with the SEC on August 24, 2022.
Item 1. Security and Issuer
This Amendment No. 9 (“Amendment
No. 9”) to Schedule 13D supplements and amends the Statement on Schedule 13D of OrbiMed Advisors LLC originally filed with the
Securities and Exchange Commission (the “SEC”) on May 30, 2017 (the “Statement”) with Samuel D.
Isaly as an additional reporting person, as amended by Amendment No. 1 thereto filed with the SEC on January 17, 2018, Amendment No. 2
thereto filed with the SEC on February 15, 2018, Amendment No. 3 thereto filed with the SEC on September 19, 2018, Amendment No. 4 thereto
filed with the SEC on April 4, 2019, Amendment No. 5 thereto filed with the SEC on May 20, 2020, Amendment No. 6 thereto filed with the
SEC on October 5, 2020, Amendment No. 7 thereto filed with the SEC on February 26, 2021, and Amendment No. 8 thereto (“Amendment
No. 8”) filed with the SEC on April 9, 2021. The Statement relates to the common stock, par value $0.000001 per share (the “Shares”),
of Xtant Medical Holdings, Inc. (formerly Bacterin International Holdings, Inc.), a Delaware corporation (the “Issuer”),
with its principal offices located at 664 Cruiser Lane, Belgrade, Montana 59714. The Shares are listed on the NYSE American LLC (formerly
the NYSE MKT) under the ticker symbol “XTNT”.
On August 23, 2022, the
Issuer entered into a Securities Purchase Agreement (the “Purchase Agreement”) with certain investors, (the “Investors”),
pursuant to which the Issuer agreed to issue and sell to the Investors the following securities (the “Private Placement”):
(i) 20,305,429 Shares and (ii) warrants to purchase up to 5,076,358, at a per unit (each unit consisting
of one Share and a warrant to purchase 0.25 of a Share) purchase price of $0.48. The closing of the Private Placement is structured to
occur in two tranches. The first closing of the Private Placement occurred on August 26, 2022. At the first closing, the Investors agreed
to purchase an aggregate of 14,060,315 Shares and warrants to purchase up to an aggregate of 3,515,079 Shares. Under the terms of the
Purchase Agreement, the second closing of the Private Placement will occur as soon as reasonably practicable after the satisfaction of
closing conditions, including the effectiveness of stockholder approval (which was granted by OrbiMed Royalty Opportunities II, LP (“ORO
II”) and ROS Acquisition Offshore LP (“ROS Acquisition”) taking action by written consent immediately after
execution of the Purchase Agreement) and a waiting period of 20 days after the mailing of a definitive information statement to all holders
of Shares as of the record date informing them of the stockholder approval, but in no event earlier than the second trading day thereafter
or later than the fifth trading day thereafter. At the second closing, the Investors agreed to purchase an aggregate of 6,245,114 Shares
and warrants to purchase up to an aggregate of 1,561,279 shares.
The Reporting Persons (as
defined below) did not participate in the Private Placement. As a result of the Private Placement, the percentage of outstanding Shares
that the Reporting Persons may be deemed to beneficially own was reduced by more than one percent of the Issuer’s Shares outstanding
since the filing of Amendment No. 8.
Item 2. Identity and Background
(a) This Schedule 13D is being
filed by OrbiMed Advisors LLC (“OrbiMed Advisors”) and OrbiMed ROF II LLC (“OrbiMed ROF”) (collectively,
the “Reporting Persons”).
(b) — (c), (f) OrbiMed
Advisors, a limited liability company organized under the laws of Delaware and a registered investment adviser under the Investment Advisers
Act of 1940, as amended, is the managing member or general partner of certain entities as more particularly described in Item 6 below.
OrbiMed Advisors has its principal offices at 601 Lexington Avenue, 54th Floor, New York, New York 10022.
OrbiMed ROF, a limited liability
company organized under the laws of Delaware, is the general partner of ORO II as more particularly described in Item 6 below. OrbiMed
ROF has its principal offices at 601 Lexington Avenue, 54th Floor, New York, New York 10022.
The directors and executive officers
of OrbiMed Advisors and OrbiMed ROF are set forth on Schedules I and II, attached hereto. Schedules I and II set forth the following
information with respect to each such person:
(i) name;
(ii) business
address;
(iii) present
principal occupation of employment and the name, principal business and address of any corporation or other organization in which such
employment is conducted; and
(iv) citizenship.
(d) — (e) During the last
five years, neither the Reporting Persons nor any Person named in Schedules I and II has been (i) convicted in a criminal proceeding (excluding
traffic violations or similar misdemeanors) or (ii) a party to a civil proceeding of a judicial or administrative body of competent jurisdiction
and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting
or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws.
Item 3. Source and Amount of Funds or Other Consideration
Not applicable.
Item 4. Purpose of Transaction
The Shares were initially acquired
for the purpose of making an investment in the Issuer and not with the intention of acquiring control of the Issuer’s business on
behalf of the Reporting Persons’ respective advisory clients.
The Reporting Persons from time
to time intend to review their investment in the Issuer on the basis of various factors, including the Issuer’s business, financial
condition, results of operations and prospects, general economic and industry conditions, the securities markets in general and those
for the Issuer’s Shares in particular, as well as other developments and other investment opportunities. Based upon such review,
the Reporting Persons will take such actions in the future as the Reporting Persons may deem appropriate in light of the circumstances
existing from time to time. If the Reporting Persons believe that further investment in the Issuer is attractive, whether because
of the market price of Shares or otherwise, they may acquire Shares or other securities of the Issuer either in the open market or in
privately negotiated transactions. Similarly, depending on market and other factors, the Reporting Persons may determine to dispose
of some or all of the Shares currently owned by the Reporting Persons or otherwise acquired by the Reporting Persons either in the open
market or in privately negotiated transactions.
Except as set forth in this Schedule
13D, the Reporting Persons have not formulated any plans or proposals which relate to or would result in: (a) the acquisition by
any person of additional securities of the Issuer or the disposition of securities of the Issuer, (b) an extraordinary corporate transaction,
such as a merger, reorganization or liquidation, involving the Issuer or any of its subsidiaries, (c) a sale or transfer of a material
amount of the assets of the Issuer or any of its subsidiaries, (d) any change in the present Board of Directors or management of the Issuer,
including any plans or proposals to change the number or term of directors or to fill any existing vacancies on the Board of Directors,
(e) any material change in the Issuer’s capitalization or dividend policy of the Issuer, (f) any other material change in the Issuer’s
business or corporate structure, (g) any change in the Issuer’s charter or bylaws or other instrument corresponding thereto or other
action which may impede the acquisition of control of the Issuer by any person, (h) causing a class of the Issuer’s securities to
be deregistered or delisted from a national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation
system of a registered national securities association, (i) a class of equity securities of the Issuer becoming eligible for termination
of registration pursuant to Section 12(g)(4) of the Act or (j) any action similar to any of those enumerated above.
Item 5. Interest in Securities of the Issuer
(a) — (b) The following
disclosure is based upon 87,313,701 Shares outstanding of the Issuer as set forth in the Issuer’s quarterly report on Form 10-Q
for the quarter ending June 30, 2022, filed with the SEC on August 4, 2022 and 20,305,429 Shares that were sold in the Private Placement,
as described in the Issuer’s Form 8-K filed with the SEC on August 24, 2022.
As of the date of this filing,
ROS Acquisition, a Cayman Islands exempted limited partnership, holds 56,004,974 Shares, constituting approximately 52.0% of the issued
and outstanding Shares. OrbiMed Advisors, pursuant to its authority as the investment manager of ROS Acquisition, has the power to direct
the vote and to direct the disposition of the Shares held by ROS Acquisition. As a result, OrbiMed Advisors may be deemed to indirectly
beneficially own the Shares held by ROS Acquisition. OrbiMed Advisors exercises this investment and voting power through a management
committee comprised of Carl L. Gordon, Sven H. Borho, and W. Carter Neild, each of whom disclaims beneficial ownership of the Shares held
by ROS Acquisition.
In addition, OrbiMed Advisors,
pursuant to its authority as investment manager of ROS Acquisition, caused ROS Acquisition to enter into the agreements referred to in
Item 6 below.
As of the date of this filing,
ORO II, a limited partnership organized under the laws of Delaware, holds 17,109,618 Shares, constituting approximately 15.9% of the issued
and outstanding Shares. OrbiMed ROF is the general partner of ORO II, pursuant to the terms of the limited partnership agreement of ORO
II, and OrbiMed Advisors is the managing member of OrbiMed ROF, pursuant to the terms of the limited liability company agreement of OrbiMed
ROF. As a result, OrbiMed Advisors and OrbiMed ROF share power to direct the vote and disposition of the Shares held by ORO II and may
be deemed directly or indirectly, including by reason of their mutual affiliation, to be the beneficial owners of the Shares held by ORO
II. OrbiMed Advisors exercises this investment and voting power through a management committee comprised of Carl L. Gordon, Sven H. Borho,
and W. Carter Neild, each of whom disclaims beneficial ownership of the Shares held by ORO II.
In addition, OrbiMed Advisors,
pursuant to its authority under the limited liability company agreement of OrbiMed ROF, and OrbiMed ROF, pursuant to its authority under
the limited partnership agreement of ORO II, caused ORO II to enter into the agreements referred to in Item 6 below.
(c) The Reporting Persons have
not effected any transactions in any Shares during the past sixty (60) days.
(d)
Not applicable.
(e) Not applicable.
Item 6. Contracts, Arrangements, Understandings or Relationships
with Respect to Securities of the Issuer
OrbiMed
ROF is the general partner of ORO II, pursuant to the terms of the limited partnership agreement of ORO II. Pursuant to this agreement
and relationship, OrbiMed ROF has discretionary investment management authority with respect to the assets of ORO II. Such authority includes
the power to vote and otherwise dispose of securities held by ORO II. The number of outstanding Shares of the Issuer attributable to ORO
II is 17,109,618. OrbiMed ROF, pursuant to its authority under the limited partnership agreement of ORO II, may be considered to hold
indirectly 17,109,618 Shares.
OrbiMed
Advisors is the managing member of OrbiMed ROF pursuant to the terms of the limited liability company agreement of OrbiMed ROF and is
the investment manager of ROS Acquisition. Pursuant to these relationships, OrbiMed Advisors has discretionary investment management authority
with respect to the assets of ROS Acquisition and, together with OrbiMed ROF, ORO II. Such authority includes the power of OrbiMed Advisors
to vote and otherwise dispose of securities held by ROS Acquisition and ORO II. The aggregate number of fully diluted Shares held by ROS
Acquisition is 56,004,974 and the aggregate number of fully diluted shares owned by ORO II is 17,109,618. OrbiMed Advisors may be considered
to hold indirectly 73,114,592 Shares.
Matthew
Rizzo (“Rizzo”), a member of OrbiMed Advisors, and Michael Eggenberg (“Eggenberg”), an employee
of OrbiMed Advisors, are members of the Issuer’s Board of Directors, and, accordingly, the Reporting Persons may have the ability
to affect and influence control of the Issuer. From time to time, Rizzo and/or Eggenberg may receive stock options or other awards of
equity-based compensation pursuant to the Issuer’s compensation arrangements for non-employee directors. Rizzo and Eggenberg are
obligated to transfer any securities issued under any such stock options or other awards, or the economic benefit thereof, to the Reporting
Persons, which will in turn ensure that such securities or economic benefit are provided to ROS Acquisition and ORO II.
Registration Rights Agreement
On October
1, 2020, the Issuer entered into a Registration Rights Agreement (the “Registration Rights Agreement”) with ROS Acquisition
and ORO II. Upon demand, the Registration Rights Agreement requires the Issuer to, among other things, file with the SEC a shelf registration
statement (which, initially, will be on Form S-1 and, as soon as the Issuer is eligible, will be on Form S 3) covering the resale, from
time to time, of the Shares issued to ROS Acquisition and ORO II pursuant to the transactions described in the Restructuring Agreement,
dated as of August 7, 2020 and in respect of prepayment fees under the amendment to the Second A&R Credit Agreement within 90 days
of such demand and to use its best efforts to cause the shelf registration statement to become effective under the Securities Act no later
than the 180th day after such demand.
Investor Rights Agreement
The Issuer
is party to an Investor Rights Agreement (the “Investor Rights Agreement”) with the ROS Acquisition and ORO II and
certain other investors. Under the Investor Rights Agreement, ROS Acquisition and ORO II are permitted to nominate a majority of the directors
and designate the chairperson of the Board at subsequent annual meetings, as long as they maintain an ownership threshold in the Issuer
of at least 40% of the then outstanding Shares (the “Ownership Threshold”). If ROS Acquisition and ORO II are unable
to maintain the Ownership Threshold, the Investor Rights Agreement contemplates a reduction of nomination rights commensurate with the
Issuer ownership interests. At the request of the Reporting Person, the Issuer nominated Rizzo, a member of OrbiMed Advisors, and Eggenberg,
an employee of OrbiMed Advisors. The Issuer’s stockholders elected both Rizzo and Eggenberg to the Board.
For so
long as the Ownership Threshold is met, the Issuer must obtain the approval of a majority of the Shares held by ROS Acquisition and ORO
II to proceed with the following actions: (i) issue new securities; (ii) incur over $250,000 of debt in a fiscal year; (iii) sell or transfer
over $250,000 of assets or businesses of the Issuer or its subsidiaries in a fiscal year; (iv) acquire over $250,000 of assets or properties
in a fiscal year; (v) make capital expenditures over $125,000 individually, or $1.5 million in the aggregate during a fiscal year; (vi)
approve the Issuer’s annual budget; (vii) hire or terminate the Issuer’s chief executive officer; (viii) appoint or remove
the chairperson of the Board; and (ix) make loans to, investments in, or purchase, or permit any subsidiary to purchase, any stock or
other securities in another entity in excess of $250,000 in a fiscal year. As long as the Ownership Threshold is met, the Issuer may not
increase the size of the Board beyond seven directors without the approval of a majority of the directors nominated by ROS Acquisition
and ORO II.
The Investor
Rights Agreement grants ROS Acquisition and ORO II the right to purchase from the Issuer a pro rata amount of any new securities that
the Issuer may propose to issue and sell. The Investor Rights Agreement may be terminated (a) upon the mutual written agreement of all
the parties, (b) upon written notice of any party if ROS Acquisition and ORO II’s ownership percentage of the Shares is less than
10%, or (c) upon written notice of ROS Acquisition and ORO II.
Credit Agreement Amendment
On October
1, 2020, the Issuer entered into a Second Amendment to the Second A&R Credit Agreement with the ROS Acquisition and ORO II, which
amended the Second A&R Credit Agreement as follows: (i) extinguished loans in an aggregate principal amount equal to the Exchanging
Loans outstanding thereunder on the closing date, immediately prior to the closing, together with all accrued and unpaid interest thereon;
(ii) added loans in an aggregate principal amount equal to a portion of the prepayment fee payable under the Second A&R Credit Agreement
in respect of the Exchanging Loans and exchanged the remaining portion of the prepayment fee for an additional 0.9 million shares of Common
Stock; (iii) removed the availability of the Additional Delayed Draw Loans and reduced the Additional Second Delayed Draw Commitment Amount
(as such terms are defined in the Second A&R Credit Agreement) to $5.0 million; (iv) provided that beginning on October 1, 2020 through
the maturity date of the Second A&R Credit Agreement, interest payable in cash will accrue on the loans thereunder at a rate per annum
equal to the sum of (i) 7.00% plus (ii) the higher of (x) the LIBO Rate (as such term is defined in the Second A&R Credit Agreement)
and (y) 1.00%; and (v) eliminated the Revenue Base (as such term is defined in the Second A&R Credit Agreement) financial covenant.
The foregoing
descriptions of the Registration Rights Agreement, the Investor Rights Agreement, and the Second Amendment to the Second A&R Credit
Agreement do not purport to be complete and are qualified in their entirety by reference to such documents that are attached as exhibits
hereto and are incorporated by reference herein. Other than as described in this Schedule 13D, to the best of the Reporting Persons’
knowledge, there are no other contracts, arrangements, understandings or relationships (legal or otherwise) among the persons named in
Item 2 and between such persons and any person with respect to any securities of the Issuer.
Item 7. Material to Be Filed as Exhibits
Exhibit |
Description |
1. |
Joint Filing Agreement among OrbiMed Advisors LLC and OrbiMed ROF II LLC. |
2. |
Form of Investor Rights Agreement among Xtant Medical Holdings, Inc., ROS Acquisition Offshore LP, OrbiMed Royalty Opportunities II, LP, Park West Partners International and Limited, Park West Investors Master Fund, Limited (incorporated by reference to Exhibit D to Exhibit 10.1 to the Form 8-K filed with the SEC by Xtant Medical Holdings, Inc. on January 12, 2018). |
3. |
Second Amended and Restated Credit Agreement, effective as of March 29, 2019, by and among Xtant Medical Holdings, Inc., Bacterin International, Inc., Xtant Medical, Inc., X-Spine Systems, Inc., OrbiMed Royalty Opportunities II, LP and ROS Acquisition Offshore LP (incorporated by reference to Exhibit 10.47 to the Form 10-K filed with the SEC by Xtant Medical Holdings, Inc. on April 1, 2019). |
4. |
First Amendment to the Second Amended and Restated Credit Agreement, effective as of April 1, 2020, by and among Xtant Medical Holdings, Inc., Bacterin International, Inc., Xtant Medical, Inc., X-Spine Systems, Inc., OrbiMed Royalty Opportunities II, LP and ROS Acquisition Offshore LP (incorporated by reference to Exhibit 10.1 to the Form 10-Q filed with the SEC by Xtant Medical Holdings, Inc. on May 7, 2020). |
5. |
Registration Rights Agreement (incorporated by reference to Exhibit 10.1 to the Form 8-K filed with the SEC by Xtant Medical Holdings, Inc. on October 1, 2020). |
6. |
Second Amendment to the Second Amended and Restated Credit Agreement, effective as of October 1, 2020, by and among Xtant Medical Holdings, Inc., Bacterin International, Inc., Xtant Medical, Inc., X-Spine Systems, Inc., OrbiMed Royalty Opportunities II, LP and ROS Acquisition Offshore LP (incorporated by reference to Exhibit 10.1 to the Form 8-K filed with the SEC by Xtant Medical Holdings, Inc. on October 1, 2020). |
Signature
After reasonable inquiry and to
the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
Dated: August 30, 2022 |
ORBIMED ADVISORS LLC |
|
|
|
|
|
|
|
|
|
|
By: |
/s/ Carl L. Gordon |
|
|
|
Name: Carl L. Gordon |
|
|
|
Title: Member |
|
|
|
|
|
|
ORBIMED ROF II LLC |
|
|
|
|
|
|
By: |
ORBIMED ADVISORS LLC, its Managing Member |
|
|
|
|
|
By: |
/s/ Carl L. Gordon |
|
|
|
Carl L. Gordon |
|
|
|
Title: Member of OrbiMed Advisors LLC
|
|
SCHEDULE I
The
names and present principal occupations of each of the executive officers and directors of OrbiMed Advisors LLC are set forth below. Unless
otherwise noted, each of these persons is a United States citizen and has a business address of 601 Lexington Avenue, 54th
Floor, New York, NY 10022.
Name |
Position with Reporting Person |
Principal Occupation |
|
|
|
Carl L. Gordon |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
Sven H. Borho
German and Swedish Citizen |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
W. Carter Neild |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
Geoffrey C. Hsu |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
C. Scotland Stevens |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
David P. Bonita |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
Peter A. Thompson |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
Matthew S. Rizzo |
Member |
Member
OrbiMed Advisors LLC |
|
|
|
Trey Block |
Chief Financial Officer
|
Chief Financial Officer
OrbiMed Advisors LLC |
SCHEDULE II
The business
and operations of OrbiMed ROF II LLC are managed by the executive officers and directors of its managing member, OrbiMed Advisors LLC,
set forth on Schedule I.
EXHIBIT INDEX
Exhibit |
Description |
1. |
Joint Filing Agreement among OrbiMed Advisors LLC and OrbiMed ROF II LLC. |
2. |
Form of Investor Rights Agreement among Xtant Medical Holdings, Inc., ROS Acquisition Offshore LP, OrbiMed Royalty Opportunities II, LP, Park West Partners International and Limited, Park West Investors Master Fund, Limited (incorporated by reference to Exhibit D to Exhibit 10.1 to the Form 8-K filed with the SEC by Xtant Medical Holdings, Inc. on January 12, 2018). |
3. |
Second Amended and Restated Credit Agreement, effective as of March 29, 2019, by and among Xtant Medical Holdings, Inc., Bacterin International, Inc., Xtant Medical, Inc., X-Spine Systems, Inc., OrbiMed Royalty Opportunities II, LP and ROS Acquisition Offshore LP (incorporated by reference to Exhibit 10.47 to the Form 10-K filed with the SEC by Xtant Medical Holdings, Inc. on April 1, 2019). |
4. |
First Amendment to the Second Amended and Restated Credit Agreement, effective as of April 1, 2020, by and among Xtant Medical Holdings, Inc., Bacterin International, Inc., Xtant Medical, Inc., X-Spine Systems, Inc., OrbiMed Royalty Opportunities II, LP and ROS Acquisition Offshore LP (incorporated by reference to Exhibit 10.1 to the Form 10-Q filed with the SEC by Xtant Medical Holdings, Inc. on May 7, 2020). |
5. |
Registration Rights Agreement (incorporated by reference to Exhibit 10.1 to the Form 8-K filed with the SEC by Xtant Medical Holdings, Inc. on October 1, 2020). |
6. |
Second Amendment to the Second Amended and Restated Credit Agreement, effective as of October 1, 2020, by and among Xtant Medical Holdings, Inc., Bacterin International, Inc., Xtant Medical, Inc., X-Spine Systems, Inc., OrbiMed Royalty Opportunities II, LP and ROS Acquisition Offshore LP (incorporated by reference to Exhibit 10.1 to the Form 8-K filed with the SEC by Xtant Medical Holdings, Inc. on October 1, 2020). |