Alphatec Holdings Inc
For the period ended Dec 31, 2024. Filed Feb 26, 2025.
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A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.
FY2024 · Filed Feb 26, 2025
ATEC$7.00-5.1%Stored close · as of Nov 10, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
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Item 15. Exhibits, Financial Statement Schedules
Item 15 (a) The following documents are filed as part of this Annual Report on Form 10-K:
(1) Financial Statements:
| Page | |
| Reports of Independent Registered Public Accounting Firm | F-2 |
|---|---|
| Consolidated Balance Sheets | F-5 |
| Consolidated Statements of Operations | F-6 |
| Consolidated Statements of Comprehensive Loss | F-7 |
| Consolidated Statements of Stockholders’ Equity | F-8 |
| Consolidated Statements of Cash Flows | F-11 |
| Notes to Consolidated Financial Statements | F-12 |
(2) Financial Statement Schedules
Schedule II. Valuation and Qualifying Accounts:
All other financial statement schedules have been omitted because they are not applicable, not required or the information required by such schedules is shown in the financial statements or the notes thereto.
(3) Exhibits List
The following is a list of exhibits filed as part of this Annual Report on Form 10-K.
| ExhibitNumber · Exhibit Description · Filedwith thisReport · Incorporated byReference hereinfrom Form orSchedule · Filing Date · SEC File/Reg.Number | ||||
|---|---|---|---|---|
| 3.1 | Amended and Restated Certificate of Incorporation of Alphatec Holdings, Inc. | Amendment No. 2 toForm S-1(Exhibit 3.2) | 04/20/06 | 333-131609 |
| 3.2 | Amendment to the Certificate of Incorporation of Alphatec Holdings, Inc. | Form 8-K(Exhibit 3.1(B)) | 08/24/16 | 000-52024 |
| 3.3 | Restated Bylaws of Alphatec Holdings, Inc. | Amendment No. 5 toForm S-1(Exhibit 3.4) | 05/26/06 | 333-131609 |
| 3.4 | Form of Certificate of Designation of Preferences, Rights and Limitations of Series A convertible Preferred Stock of Alphatec Holdings, Inc. | Form 8-K(Exhibit 3.1) | 03/23/17 | 000-52024 |
| 3.5 | Form of Certificate of Designation of Preferences, Rights and Limitations of Series B convertible Preferred Stock of Alphatec Holdings, Inc. | Form 8-K(Exhibit 3.1) | 03/12/18 | 000-52024 |
| 4.2 | Amended and Restated Registration Rights Agreement, dated April 16, 2018, by and among Alphatec Holdings, Inc. and the other signatories thereto | Form 8-K/A(Exhibit 4.1) | 04/16/18 | 000-52024 |
| ExhibitNumber · Exhibit Description · Filedwith thisReport · Incorporated byReference hereinfrom Form orSchedule · Filing Date · SEC File/Reg.Number | ||||
|---|---|---|---|---|
| 4.3 | Registration Rights Agreement, dated November 6, 2018, by and among Alphatec Holdings, Inc. and the other signatories thereto | Form S-3/A(Exhibit 4.5) | 11/13/18 | 333-221085 |
| 4.5 | Form of Registration Rights Agreement | Form 8-K(Exhibit 4.2) | 03/23/17 | 000-52024 |
| 4.6 | Second Amended and Restated Warrant to Purchase Common Stock of Alphatec Holdings, Inc. issued to Patrick S. Miles | Form 10-K(Exhibit 4.6) | 2/28/23 | 000-52024 |
| 4.7 | Form of Warrant to Purchase Common Stock of Alphatec Holdings, Inc. issued in connection with financing dated November 6, 2018 | Form S-3/A(Exhibit 4.11) | 11/13/18 | 333-221085 |
| 4.8 | Form of Warrant to Purchase Common Stock of Alphatec Holdings, Inc. issued in connection with financing dated June 21, 2019 | Form 8-K(Exhibit 10.1) | 06/27/19 | 000-52024 |
| 4.9 | Registration Rights Agreement between Alphatec Holdings, Inc., and Squadron Medical Finance Solutions LLC and Tawani Holdings LLC, dated November 6, 2018 | Form S-3/A(Exhibit 4.5) | 11/13/18 | 333-221085 |
| 4.10 | Registration Rights Agreement between Alphatec Holdings, Inc., and Squadron Medical Finance Solutions LLC and Tawani Holdings LLC, dated June 21, 2019 | Form 8-K(Exhibit 10.2) | 06/27/19 | 000-52024 |
| 4.11 | Description of the Registrant’s Securities Registered Pursuant to Section 12 of the Securities and Exchange Act of 1934 | Form 10-K(Exhibit 4.15) | 03/17/20 | 000-52024 |
| 4.12 | Form of Common Stock Purchase Warrant | Form 8-K(Exhibit 4.1) | 06/04/20 | 000-52024 |
| 4.13 | Form of Amendment to Warrant | Form 8-K(Exhibit 4.2) | 06/04/20 | 000-52024 |
| 4.14 | Form of Second Amendment to Warrant | Form 8-K(Exhibit 4.3) | 06/04/20 | 000-52024 |
| 4.15 | Registration Rights Agreement between Alphatec Holdings, Inc., and Squadron Medical Finance Solutions LLC and Tawani Holdings LLC, dated May 29, 2020 | Form 8-K(Exhibit 4.4) | 06/04/20 | 000-52024 |
| 4.16 | Registration Rights Agreement, dated December 16, 2020 | Form 8-K(Exhibit 4.1) | 12/17/20 | 000-52024 |
| 4.17 | Indenture, dated as of August 10, 2021, between Alphatec Holdings, Inc. and U.S. Bank National Association, as trustee. | Form 8-K(Exhibit 4.1) | 8/10/21 | 000-52024 |
| ExhibitNumber · Exhibit Description · Filedwith thisReport · Incorporated byReference hereinfrom Form orSchedule · Filing Date · SEC File/Reg.Number | ||||
|---|---|---|---|---|
| 4.18 | Form of certificate representing the 0.75% Convertible Senior Notes due 2026. | Form 8-K(Exhibit 4.1) | 8/10/21 | 000-52024 |
| Securities Purchase Agreements | ||||
| 10.1 | Securities Purchase Agreement dated as of March 8, 2018, between Alphatec Holdings, Inc. and each purchaser named in the signature pages thereto | Form 8-K(Exhibit 10.1) | 03/12/18 | 000-52024 |
| Real Property Lease Agreements | ||||
| 10.2 | Lease Agreement by and between Alphatec Spine, Inc. and RAF Pacifica Group - Real Estate Fund IV, LLC; ARKA Monterey Park, LLC, and 170 Arrowhead Partners, LLC, dated as of December 4, 2019 | Form 10-K(Exhibit 10.3) | 03/17/20 | 000-52024 |
| Capped Call Agreements | ||||
| 10.3 | Form of Confirmation of Call Option Transaction | Form 8-K(Exhibit 10.1) | 8/10/21 | 000-52024 |
| Agreements with Respect to Product Supply, Collaborations, Licenses, Research and Development | ||||
| 10.4† | Supply Agreement by and between Alphatec Spine, Inc. and Invibio, Inc., dated as of October 18, 2004 and amended by Letter of Amendment in respect of the Supply Agreement, dated as of December 13, 2004 | Amendment No. 4 toForm S-1(Exhibit 10.29) | 05/15/06 | 333-131609 |
| 10.5† | Letter Amendment between Alphatec Spine, Inc. and Invibio, Inc., dated November 24, 2010 | Form 10-Q(Exhibit 10.3) | 05/06/11 | 000-52024 |
| Agreements with Officers and Directors | ||||
| 10.6* | Employment Agreement with J. Todd Koning dated April 6, 2021 | Form 8-K(Exhibit 10.1) | 04/8/21 | 000-52024 |
| 10.7* | Employment Agreement with Craig E. Hunsaker dated September 14, 2016 | Form 10-Q(Exhibit 10.5) | 05/12/17 | 000-52024 |
| 10.8* | Employment Agreement by and among Patrick S. Miles, Alphatec Spine, Inc., and Alphatec Holdings, Inc., dated, October 2, 2017 | Form 10-K(Exhibit 10.26) | 03/09/18 | 000-52024 |
| 10.9* | Employment Agreement by and among Eric Dasso, Alphatec Spine, Inc., and Alphatec Holdings, Inc., dated, August 2, 2019 | Form 10-K(Exhibit 10.29) | 03/17/20 | 000-52024 |
| 10.10* | Employment Agreement by and among Dave Sponsel, Alphatec Spine, Inc., and Alphatec Holdings, Inc., dated March 4, 2018 | Form 10-K(Exhibit 10.31) | 03/17/20 | 000-52024 |
| 10.11* | Form of Severance Agreement between J. Todd Koning, Dave Sponsel and Eric Dasso and Alphatec Spine, Inc dated July 19, 2023 | Form 10-Q(Exhibit 10.2) | 07/19/23 | 000-52024 |
| ExhibitNumber · Exhibit Description · Filedwith thisReport · Incorporated byReference hereinfrom Form orSchedule · Filing Date · SEC File/Reg.Number | ||||
|---|---|---|---|---|
| 10.12* | Severance Agreement between Patrick S. Miles and Alphatec Spine, Inc dated February 18, 2021 | Form 8-K(Exhibit 10.1) | 02/22/21 | 000-52024 |
| 10.13* | Severance Agreement between Craig E. Hunsaker and Alphatec Spine, Inc dated February 18, 2021 | Form 8-K(Exhibit 10.2) | 02/22/21 | 000-52024 |
| 10.14* | Form of Change in Control Agreement entered into separate between Alphatec Spine, Inc. and Dave Sponsel and Eric Dasso | Form 10-K(Exhibit 10.30) | 03/05/21 | 000-52024 |
| Equity Compensation Plans | ||||
| 10.15* | Amended and Restated 2005 Employee, Director and Consultant Stock Plan | Form S-8(Exhibit 99.1) | 03/23/13 | 333-187190 |
| 10.16* | Amendment to Amended and Restated 2005 Employee, Director and Consultant Stock Plan | Schedule 14A (Appendix B) | 06/11/13 | 000-52024 |
| 10.17* | Amendment to the Amended and Restated 2005 Employee, Director and Consultant Stock Plan | Form 10-Q(Exhibit 10.1) | 10/30/14 | 000-52024 |
| 10.18* | Form of Non-Qualified Stock Option Agreement issued under the Amended and Restated 2005 Employee, Director and Consultant Stock Plan | Form 10-K(Exhibit 10.40) | 03/05/13 | 000-52024 |
| 10.19* | Form of Incentive Stock Option Agreement issued under the Amended and Restated 2005 Employee, Director and Consultant Stock Plan | Form 10-K(Exhibit 10.41) | 03/05/13 | 000-52024 |
| 10.20* | Form of Restricted Stock Agreement issued under the Amended and Restated 2005 Employee, Director and Consultant Stock Plan | Form 10-K(Exhibit 10.42) | 03/05/14 | 000-52024 |
| 10.21* | Form of Performance-Based Restricted Unit Agreement issued under the Amended and Restated 2005 Employee, Director and Consultant Stock Plan. | Form 10-Q(Exhibit 10.2) | 10/30/14 | 000-52024 |
| 10.23* | Amended and Restated 2016 Equity Incentive Award Plan | Form 8-K/A(Exhibit 10.1) | 06/22/17 | 000-52024 |
| 10.24* | First Amendment to 2016 Equity Incentive Plan | Form 8-K(Exhibit 10.2) | 05/18/18 | 000-52024 |
| 10.25* | Second Amendment to 2016 Equity Incentive Plan | Form 10-Q(Exhibit 10.1) | 11/09/18 | 000-52024 |
| 10.26* | Third Amendment to 2016 Equity Incentive Plan | Form 8-K(Exhibit 10.2) | 06/13/19 | 000-52024 |
| ExhibitNumber · Exhibit Description · Filedwith thisReport · Incorporated byReference hereinfrom Form orSchedule · Filing Date · SEC File/Reg.Number | ||||
|---|---|---|---|---|
| 10.27* | Fourth Amendment to 2016 Equity Incentive Plan | Form 8-K(Exhibit 10.1) | 06/18/20 | 000-52024 |
| 10.28* | Fifth Amendment to the Alphatec Holdings, Inc. 2016 Equity Incentive Plan | Form 8-K(Exhibit 10.2) | 6/15/23 | 000-52024 |
| 10.29* | Amended and Restated 2007 Employee Stock Purchase Plan | Form 8-K/A(Exhibit 10.2) | 06/22/17 | 000-52024 |
| 10.30* | First Amended and Restated 2007 Employee Stock Purchase Plan | Form 8-K(Exhibit 10.1) | 06/13/19 | 000-52024 |
| 10.31* | Second Amended and Restated 2007 Employee Stock Purchase Plan | Form 8-K(Exhibit 10.1) | 06/21/21 | 000-52024 |
| 10.32* | Third Amendment to the Alphatec Holdings, Inc. 2007 Employee Stock Purchase Plan | Form 8-K(Exhibit 10.1) | 6/15/23 | 000-52024 |
| 10.33* | 2016 Employment Inducement Plan | Form S-8(Exhibit 10.2) | 10/05/16 | 333-213981 |
| 10.34* | First Amendment to 2016 Employment Inducement Award Plan | Form S-8 (Exhibit 10.2) | 12/12/16 | 333-215036 |
| 10.35* | Second Amendment to the 2016 Employment Inducement Award Plan | Form S-8 (Exhibit 10.3) | 03/31/17 | 333-217055 |
| 10.36* | Third Amendment to the 2016 Employment Inducement Award Plan, dated October 1, 2017. | Form 8-K(Exhibit 10.4) | 10/2/17 | 000-52024 |
| 10.37* | Fourth Amendment to the 2016 Employment Inducement Award Plan, dated March 6, 2018. | Form 8-K(Exhibit 10.9) | 03/12/18 | 000-52024 |
| 10.38* | Fifth Amendment to the 2016 Employment Inducement Award Plan, dated May 13, 2019 | Form S-8 (Exhibit 10.11) | 07/16/19 | 333-232661 |
| 10.39* | Sixth Amendment to the 2016 Employment Inducement Award Plan, dated October 25, 2023 | Form 10-K(Exhibit 10.39) | 2/27/2024 | 000-52024 |
| 10.40* | Form of Restricted Stock Unit Grant Notice and Restricted Stock Unit Award Agreement under the 2016 Employment Inducement Award Plan | Form S-8(Exhibit 10.3) | 10/05/16 | 333-213981 |
| 10.41* | Form of Stock Option Grant Notice and Stock Option Agreement under the 2016 Employment Inducement Award Plan | Form S-8(Exhibit 10.4) | 10/05/16 | 333-213981 |
| 10.42* | Form of Performance Stock-Based Award Grant Notice and Performance Stock-Based Award Agreement under the 2016 Employment Inducement Award Plan | Form S-8(Exhibit 10.5) | 10/05/16 | 333-213981 |
| Loan Agreements | ||||
| 10.43 | Credit, Security and Guaranty Agreement, dated as of January 6, 2023, by and among | Form 8-K(Exhibit 10.1) | 01/09/23 | 000-52024 |
| ExhibitNumber · Exhibit Description · Filedwith thisReport · Incorporated byReference hereinfrom Form orSchedule · Filing Date · SEC File/Reg.Number | ||||
|---|---|---|---|---|
| Alphatec Holdings, Inc., as borrower, the guarantors from time to time party thereto, the lenders from time to time party thereto, and Wilmington Trust, National Association, as agent | ||||
| 10.44 | Credit Agreement, dated as of September 29, 2022, by and among Alphatec Holdings, Inc., Alphatec Spine, Inc. and the other borrowers from time to time party thereto, the guarantors from time to time party thereto, MidCap Financial Trust and the other lenders from time to time party thereto, and MidCap Funding IV Trust, as administrative agent | Form 8-K(Exhibit 10.1) | 10/03/22 | 000-52024 |
| 10.45 | Omnibus Joinder and Amendment No. 1 to Credit, Security and Guaranty Agreement, dated as of January 6, 2023, by and among Alphatec Holdings, Inc., Alphatec Spine, Inc., SafeOp Surgical, Inc., MidCap Funding IV Trust, as agent and the lenders party thereto | Form 8-K(Exhibit 10.2) | 01/09/23 | 000-52024 |
| 10.46 | Amendment No. 1, dated as of October 29, 2024, to Credit, Security and Guaranty Agreement, dated as of January 6, 2023, by and among Alphatec Holdings, Inc., as borrower, the guarantors from time to time party thereto, the lenders from time to time party thereto, and Wilmington Trust, National Association, as agent | Form 8-K(Exhibit 10.1) | 10/30/2024 | 000-52024 |
| 10.47 | Amendment No. 2, dated April 23, 2024, to Credit, Security and Guaranty Agreement, dated as of January 6, 2023, by and among Alphatec Holdings, Inc., Alphatec Spine, Inc., SafeOp Surgical, Inc., MidCap Funding IV Trust, as agent and the lenders party thereto | Form 10-Q(Exhibit 10.1) | 10/30/2024 | 000-52024 |
| 10.48 | Amendment No. 3 to Credit, Security and Guaranty Agreement, dated as of January 6, 2023, by and among Alphatec Holdings, Inc., Alphatec Spine, Inc., SafeOp Surgical, Inc., MidCap Funding IV Trust, as agent and the lenders party thereto | Form 10-Q(Exhibit 10.2) | 10/30/2024 | 000-52024 |
| 21 | Subsidiaries of the Registrant and Wholly Owned Subsidiaries of the Registrant's Subsidiaries | Form 10-K(Exhibit 21) | 2/27/2024 | 000-52024 |
| ExhibitNumber | Exhibit Description | Filedwith thisReport | Incorporated byReference hereinfrom Form orSchedule | Filing Date | SEC File/Reg.Number |
| 23 | Consent of Deloitte & Touche LLP, Independent Registered Public Accounting Firm | X | |||
| 31.1 | Certification of Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | X | |||
| 31.2 | Certification of Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | X | |||
| 32 | Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | X | |||
| 101.INS | XBRL Instance Document-the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. | ||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema with Embedded Linkbase Documents | ||||
| 104 | Cover page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101). | ||||
(*) Management contract or compensatory plan or arrangement.
(†) Confidential treatment has been granted by the Securities and Exchange Commission as to certain portions.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.