Restores Blood Flow. It has been demonstrated that the timely restoration of blood flow in ischemic stroke patients may potentially minimize and possibly reverse injury to the brain. In our most recent trial, the Multi MERCI trial, the Merci Retrieval System was effective in restoring blood flow in large vessel ischemic stroke patients 54.9% of the time. Furthermore, upon the addition of adjunctive therapy, primarily an injection of a clot dissolving drug into the obstructed vessel, our Multi MERCI trial demonstrated successful restoration of blood flow 68.3% of the time

EX-10.9 14 f31027orexv10w9.htm EXHIBIT 10.9 exv10w9
 

Exhibit 10.9
ASSIGNMENT AND ASSUMPTION AGREEMENT
     This Assignment and Assumption Agreement (this “Agreement”), effective as of January 4, 2000 (the “Effective Date”), is made between The Foundry, LLC (“Assignor”), and Concentric Medical, Inc., a Delaware corporation (“Assignee”).
RECITALS
     A. Assignor and The Regents of the University of California, a California corporation (“The Regents”), have entered into an Exclusive License Agreement dated November 29, 1999, as amended (the “License Agreement”).
     B. Assignor desires to assign its rights and obligations under the License Agreement to Assignee, and Assignee desires to accept such assignment, on the terms and conditions set forth herein.
AGREEMENT
     Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
     1. Effective as of the Effective Date, Assignor hereby assigns, transfers and conveys to Assignee, and Assignee hereby accepts, all of Assignor’s right, benefit, title and interest under the License Agreement.
     2. Effective as of the Effective Date, Assignee accepts the foregoing assignment and assumes and agrees to keep, perform and fulfill, as a direct obligation to The Regents, all of the terms, covenants, conditions and obligations required to be kept, performed and fulfilled by the Assignor under the License Agreement from and after the Effective Date (the “Assumed Obligations”). For the avoidance of doubt, the parties agree and acknowledge that the Assumed Obligations shall not include any liability under the License Agreement arising out of or relating to a breach thereof that occurred prior to the Effective Date.
     3. This Agreement will be governed by and construed under the laws of the State of California without regard to conflicts-of-laws principles that would require the application of any other law.
     4. This Agreement may be executed in any number of counterparts, all of which together shall constitute one instrument. This Agreement may be executed and delivered via facsimile.

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     Each of the parties has caused this Agreement to be duly executed on its behalf effective as of the Effective Date.
         
    ASSIGNOR:
 
       
    THE FOUNDRY, LLC
 
       
 
  By:   /s/ Hanson S. Gifford
 
       
 
  Name:   Hanson S. Gifford
 
  Title:   President
 
  Date:    
 
       
 
       
    ASSIGNEE:
 
       
    CONCENTRIC MEDICAL, INC.
 
       
 
  By:   /s/ Andrew Chmyz
 
       
 
  Name:   Andrew Chmyz
 
  Title:   CFO
 
  Date:    
 
       

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