On June 18, 2021, Apollo Endosurgery, Inc. (the “ Company”) and Aslan IV Austin, LLC (the “ Landlord”) entered into a second amendment (the “ Second Amendment”) for the Company’s principal executive offices located in an 18,234 square foot facility in Austin, Texas. The Landlord and the Company are parties to an Office Lease Agreement dated July 16, 2012, as amended by the First Amendment to Office Lease Agreement dated July 11, 2018, between the Company, as tenant, and the Landlord (subsequently assigned to BC Exchange Cityview Master Tenant, LLC) (the “Lease”). The Second Amendment extends the term of the Lease for an additional 12 months (the “Extension Term”) and surrenders a space containing approximately 7,209 square feet. to the Second Amendment, the Lease will expire on September 30, 2022. Total base rent payments owed during the Extension Term is $286,650, plus the Company’s share of certain variable and administrative costs under the Lease.

The foregoing description of the Second Amendment and the Lease does not purport to be complete and is qualified in its entirety by reference to the Second Amendment, a copy of which the Company expects to file as an exhibit to its Quarterly Report on Form 10-Q for the quarter ending June 30, 2021.

About Apollo Endosurgery, Inc. (NASDAQ:APEN)

Apollo Endosurgery, Inc., formerly Lpath, Inc., is a medical device company. The Company is focused on less invasive therapies for the treatment of obesity, as well as other gastrointestinal disorders. The Company’s device-based therapies are an alternative to invasive surgical procedures. The Company offers products in over 80 countries. The Company’s products include ORBERA, LAP-BAND and OverStitch. The Company’s product, ORBERA, is a gastric balloon. The ORBERA Intragastric Balloon System is a weight loss aid for adults suffering from obesity. The LAP-BAND System is a minimally invasive procedure that offers weight loss. The LAP-BAND System is indicated for weight reduction for patients with obesity. The OverStitch Endoscopic Suturing System enables advanced endoscopic surgery by allowing physicians to place full-thickness sutures through a flexible endoscope. OverStitch offers solutions for defects in both the upper and lower gastrointestinal tract.