Apollo Endosurgery, Inc.: M&A transaction — Apollo Endosurgery completes Boston Scientific acquisition for $10 per share cash

As previously disclosed in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2022, approximately $1.9 million is due and payable by the Company to Solar Capital LTD. in connection with the consummation of the Merger.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Vance R. Brown and Jonathan R. Monson, comprising all of the members of the board of directors of Merger Sub as of immediately prior to the Effective Time, became a member of the Company’s board of directors.

each of Charles McKhann, Jeffrey Black and John Molesphini, comprising all of the Company’s executive officers, resigned as an officer of the Company.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Vance R. Brown and Jonathan R. Monson, comprising all of the members of the board of directors of Merger Sub as of immediately prior to the Effective Time, became a member of the Company’s board of directors.

each of Charles McKhann, Jeffrey Black and John Molesphini, comprising all of the Company’s executive officers, resigned as an officer of the Company.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Charles McKhann, Jeffrey Black and John Molesphini, comprising all of the Company’s executive officers, resigned as an officer of the Company.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

each of Charles McKhann, John Barr, Jeannette Bankes, Julie Shimer, Ph.D., William D. McClellan, Jr., R. Kent McGaughy, Jr., David C. Pacitti and Sharon O’Keefe, comprising all of the members of the Company’s board of directors, ceased serving as a member of the Company’s board of directors and each committee thereof.

Time, have neither effectively withdrawn nor lost their rights to such appraisal and payment under the DGCL), in each case, was canceled and converted into the right to receive $10.00 in cash, without interest (the “Merger Consideration”); (ii) outstanding and unexercised option to purchase Shares granted under any Company stock plan (each, a “Company Option”)

On April 4, 2023, in connection with the consummation of the Merger, the Company paid in full all outstanding obligations under, and terminated, the Loan and Security Agreement, dated as of December 21, 2021 (as amended, extended, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among Innovatus Life Sciences Lending Fund I, LP as collateral agent, the lenders listed on Schedule 1.1 thereto, and the Company and certain of the Company’s subsidiaries, as co-borrowers.