Exhibit (d)(4)
June 3, 2016
STRICTLY CONFIDENTIAL
LDR Holding Corporation
13785 Research Boulevard
Suite 200
Austin, TX 78750
Subject: Extension of Exclusivity Period
Ladies and Gentlemen:
Reference is made to that certain letter agreement (the “Agreement”), dated as of May 4, 2016, by and between LDR Holding Corporation (“LDR”) and Zimmer Biomet Holdings, Inc. (“Zimmer Biomet”).
Subsection (F) of paragraph 3 of the Agreement is hereby amended by deleting “11:59 p.m., Eastern time, on the date that is thirty (30) days after the date hereof” and inserting instead “11:59 p.m., Eastern time, on June 6, 2016.”
Except as expressly provided herein, the remaining provisions of the Agreement shall remain in full force and effect, unchanged by this letter agreement. The interpretation and construction of this letter agreement, and all matters relating hereto, shall be governed by the laws of the State of Delaware, without regard to principles of conflicts of laws. This letter agreement may be executed in counterparts, each of which will be deemed an original, and all of which will constitute the same agreement. Delivery of an executed counterpart of this letter agreement by facsimile or electronic transmission shall be effective to the fullest extent permitted by applicable law.
[signature page follows]
June 3, 2016
Page 2
If you are in agreement with the terms of this letter agreement and desire to proceed on that basis, please sign this letter agreement in the space provided below and return an executed copy to Zimmer Biomet.
Sincerely, | ||
ZIMMER BIOMET HOLDINGS, INC. | ||
By: | /s/ Chad F. Phipps | |
Name: Chad F. Phipps | ||
Title: SVP, General Counsel & Secretary |
Accepted and agreed to as of | ||
June 3, 2016: | ||
LDR HOLDING CORPORATION | ||
By: | /s/ Scott Way | |
Name: Scott Way | ||
Title: EVP, General Counsel |