-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Nt23lQBHnIfqvZEUpQQWo7Kl/U/WUPEGSts5RNzfBrXKcS83ia9fcI4eIyQcwUec 4hMUOtbG272ENT0ZWO68Gg== 0001179110-04-010915.txt : 20040519 0001179110-04-010915.hdr.sgml : 20040519 20040519161619 ACCESSION NUMBER: 0001179110-04-010915 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20040518 FILED AS OF DATE: 20040519 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SENYEI ANDREW E CENTRAL INDEX KEY: 0001250018 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818831 MAIL ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LAJOLLA STATE: CA ZIP: 92037 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENTERPRISE MANAGEMENT PARTNERS IVA LP CENTRAL INDEX KEY: 0001250027 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818835 MAIL ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LAJOLLA STATE: CA ZIP: 92037 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENTERPRISE MANAGEMENT PARTNERS IV LP CENTRAL INDEX KEY: 0001250029 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818838 MAIL ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LAJOLLA STATE: CA ZIP: 92037 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BERGLUND JAMES H CENTRAL INDEX KEY: 0001223502 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818830 MAIL ADDRESS: STREET 1: C/O ACCREDITED HOME LENDERS, INC. STREET 2: 15030 AVENUE OF SCIENCE, #100 CITY: SAN DIEGO STATE: CA ZIP: 92128 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: NUVASIVE INC CENTRAL INDEX KEY: 0001142596 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 330768598 STATE OF INCORPORATION: DE BUSINESS ADDRESS: STREET 1: 10065 OLD GROVE RD CITY: SAN DIEGO STATE: CA ZIP: 92131 BUSINESS PHONE: 8582717070 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENTERPRISE PARTNERS IV LP CENTRAL INDEX KEY: 0001041565 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818837 BUSINESS ADDRESS: STREET 1: 5000 BIRCH ST STREET 2: SUITE 6200 CITY: NEWPORTBEACH STATE: CA ZIP: 92660 BUSINESS PHONE: 8587295340 MAIL ADDRESS: STREET 1: 5000 BIRCH ST SUITE 6200 CITY: NEWPORT BEACH STATE: CA ZIP: 92660 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENTERPRISE PARTNERS ANNEX FUND IV A LP CENTRAL INDEX KEY: 0001138221 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818833 BUSINESS ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 BUSINESS PHONE: 8587310240 MAIL ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENTERPRISE PARTNERS ANNEX FUND IV LP CENTRAL INDEX KEY: 0001138889 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818834 BUSINESS ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 BUSINESS PHONE: 8587310240 MAIL ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: STENSRUD WILLIAM R CENTRAL INDEX KEY: 0001182743 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818832 BUSINESS ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LAJOLLA STATE: CA ZIP: 92037 BUSINESS PHONE: 8587310240 MAIL ADDRESS: STREET 1: 2223 AVENIDA DE LA PLAYA STREET 2: SUITE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ENTERPRISE PARTNERS IV ASSOCIATES LP CENTRAL INDEX KEY: 0001251946 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-50744 FILM NUMBER: 04818836 BUSINESS ADDRESS: STREET 1: 2223 AVENIDE DE LA PLAYA STREET 2: STE 300 CITY: LA JOLLA STATE: CA ZIP: 92037 BUSINESS PHONE: 8587310240 MAIL ADDRESS: STREET 1: 2223 AVENIDE DE LA PLAYA STREET 2: STE 300 CITY: LAJOLLA STATE: CA ZIP: 92037 4 1 edgar.xml FORM 4 - X0202 4 2004-05-18 1 0001142596 NUVASIVE INC NUVA 0001250029 ENTERPRISE MANAGEMENT PARTNERS IV LP 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001041565 ENTERPRISE PARTNERS IV LP 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001251946 ENTERPRISE PARTNERS IV ASSOCIATES LP 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001250027 ENTERPRISE MANAGEMENT PARTNERS IVA LP 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001138889 ENTERPRISE PARTNERS ANNEX FUND IV LP 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001138221 ENTERPRISE PARTNERS ANNEX FUND IV A LP 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA 92037 0 0 1 0 0001182743 STENSRUD WILLIAM R 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001250018 SENYEI ANDREW E 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 0001223502 BERGLUND JAMES H 2223 AVENIDA DE LA PLAYA, SUITE 300 LA JOLLA CA 92037 0 0 1 0 Series A Preferred Stock 2004-05-18 4 C 0 2070000 D 0 I See footnotes Series A Preferred Stock 2004-05-18 4 C 0 180000 D 0 I See footnotes Common Stock 2004-05-18 4 C 0 900000 A 0 I See footnotes Series B Preferred Stock 2004-05-18 4 C 0 1003637 D 0 I See footnotes Series B Preferred Stock 2004-05-18 4 C 0 87272 D 0 I See footnotes Common Stock 2004-05-18 4 C 0 451541 A 0 I See footnotes Series C Preferred Stock 2004-05-18 4 C 0 346769 D 0 I See footnotes Series C Preferred Stock 2004-05-18 4 C 0 30154 D 0 I See footnotes Common Stock 2004-05-18 4 C 0 161394 A 0 I See footnotes Series D Preferred Stock 2004-05-18 4 C 0 819435 D 0 I See footnotes Series D Preferred Stock 2004-05-18 4 C 0 168708 D 0 I See footnotes Common Stock 2004-05-18 4 C 0 395257 A 0 I See footnotes Series D-1 Preferred Stock 2004-05-18 4 C 0 98333 D 0 I See footnotes Series D-1 Preferred Stock 2004-05-18 4 C 0 20245 D 0 I See footnotes Common Stock 2004-05-18 4 C 0 47431 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 6616 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 575 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 14839 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 9248 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 1728 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 3055 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 1904 A 0 I See footnotes Common Stock 2004-05-18 4 C 0 356 A 2001944 I See footnotes Warrant (Right to Purchase Series B Preferred Stock) 2.75 2004-05-18 4 X 0 40362 2.75 D 1999-10-13 2004-10-13 Series B Preferred Stock 40362 0 I See footnotes Warrant (Right to Purchase Series B Preferred Stock) 2.75 2004-05-18 4 X 0 3510 2.75 D 1999-10-13 2004-10-13 Series B Preferred Stock 3510 0 I See footnotes Warrant (Right to Purchase Common Stock) .63 2004-05-18 4 X 0 15733 .63 D 2003-06-19 2010-06-19 Common Stock 15733 0 I See footnotes Warrant (Right to Purchase Series D Preferred Stock) 2.53 2004-05-18 4 X 0 54400 2.53 D 2001-02-14 2006-02-14 Series D Preferred Stock 54400 0 I See footnotes Warrant (Right to Purchase Series D Preferred Stock) 2.53 2004-05-18 4 X 0 10163 2.53 D 2001-04-12 2006-04-12 Series D Preferred Stock 10163 0 I See footnotes Warrant (Right to Purchase Common Stock) .63 2004-05-18 4 X 0 3239 .63 D 2003-06-19 2010-06-19 Common Stock 3239 0 I See footnotes Warrant (Right to Purchase Series D Preferred Stock) 2.53 2004-05-18 4 X 0 11200 2.53 D 2001-02-14 2006-02-14 Series D Preferred Stock 11200 0 I See footnotes Warrant (Right to Purchase Series D Preferred Stock) 2.53 2004-05-18 4 X 0 2093 2.53 D 2001-04-12 2006-04-12 Series D Preferred Stock 2093 0 I See footnotes Per SEC Instruction, column left blank. The Designated Filer is executing this report on behalf of Enterprise Management Partners IV, L.P., Enterprise Partners IV, L.P., Enterprise Partners IV Associates, L.P., Enterprise Management Partners IV-A, L.P., Enterprise Partners Annex Fund IV, L.P., Enterprise Partners Annex Fund IV-A, L.P., Andrew E. Senyei, James H. Berglund and William R. Stensrud (collectively, the "Reporting Persons"), each of whom has authorized it do so. Each of the Reporting Persons disclaim beneficial ownership of the Issuer's securities to the extent it exceeds such Reporting Person's pecuniary interest. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners IV, L.P. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners IV Associates, L.P. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P., a portion of which may be deemed attributable to Enterprise Management Partners IV, L.P., because it is the general partner of Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P., a portion of which may be deemed attributable to Andrew E. Senyei, because he is a general partner of Enterprise Management Partners IV, L.P. , the general partner of Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P., a portion of which may be deemed attributable to James H. Berglund, because he is a general partner of Enterprise Management Partners IV, L.P., the general partner of Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P., a portion of which may be deemed attributable to William R. Stensrud, because he is a general partner of Enterprise Management Partners IV, L.P., the general partner of Enterprise Partners IV, L.P. and Enterprise Partners IV Associates, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The reported shares of Series A Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4 shares of Common Stock per share of Series A Preferred Stock. Represents 828,000 shares beneficially owned by Enterprise Partners IV, L.P. and 72,000 shares beneficially owned by Enterprise Partners IV Associates, L.P. The reported shares of Series B Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4139 shares of Common Stock per share of Series B Preferred Stock. Represents 415,418 shares beneficially owned by Enterprise Partners IV, L.P. and 36,123 shares beneficially owned by Enterprise Partners IV Associates, L.P. The reported shares of Series C Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4282 shares of Common Stock per share of Series C Preferred Stock. Represents 148,482 shares beneficially owned by Enterprise Partners IV, L.P. and 12,912 shares beneficially owned by Enterprise Partners IV Associates, L.P. The reported shares of Series D Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4 shares of Common Stock per share of Series D Preferred Stock. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners Annex Fund IV, L.P. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners Annex Fund IV-A, L.P. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P., a portion of which may be deemed attributable to Enterprise Management Partners IV-A, L.P., because it is the general partner of Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P., a portion of which may be deemed attributable to Andrew E. Senyei, because he is a general partner of Enterprise Management Partners IV-A, L.P., the general partner of Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P., a portion of which may be deemed attributable to James H. Berglund, because he is a general partner of Enterprise Management Partners IV-A, L.P., the general partner of Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. The amounts shown in Table I and Table II represent the beneficial ownership of the Issuer's equity securities by Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P., a portion of which may be deemed attributable to William R. Stensrud, because he is a general partner of Enterprise Management Partners IV-A, L.P., the general partner of Enterprise Partners Annex Fund IV, L.P. and Enterprise Partners Annex Fund IV-A, L.P. The actual pro rata portion of such beneficial ownership that may be deemed to be attributable to such Reporting Person is not readily determinable because it is subject to several variables. Represents 327,774 shares beneficially owned by Enterprise Partners Annex Fund IV, L.P. and 67,483 shares beneficially owned by Enterprise Annex Fund Partners IV-A, L.P. The reported shares of Series D-1 Preferred Stock were converted to Common Stock based on a conversion ratio of 0.4 shares of Common Stock per share of Series D-1 Preferred Stock. Represents 39,333 shares beneficially owned by Enterprise Partners Annex Fund IV, L.P. and 8,098 shares beneficially owned by Enterprise Annex Fund Partners IV-A, L.P. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 6,616 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 575 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 14,839 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 9,248 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 1,728 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 3,055 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 1,904 shares of Common Stock. The warrant was exercised upon the closing of the initial public offering of Common Stock of the Issuer through a net exercise feature at the initial public offering price of $11.00 into 356 shares of Common Stock. /s/ Kevin O'Boyle, Attorney-in-fact for Enterprise Management Partners IV, L.P. 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for Enterprise Partners IV, L.P. 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for Enterprise Partners IV Associates, L.P. 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for Enterprise Management Partners IV-A, L.P. 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for Enterprise Partners Annex Fund IV, L.P. 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for Enterprise Partners Annex Fund IV-A, L.P. 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for William R. Stensrud 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for Andrew E. Senyei 2004-05-19 /s/ Kevin O'Boyle, Attorney-in-fact for James H. Berglund 2004-05-19 EX-24 2 ex24enterprise.txt POA ENTERPRISE AND SENYEI POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Alexis V. Lukianov and Kevin C. O'Boyle, and each of them individually, his true and lawful attorney-in- fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer, director and/or 10% or greater stockholder of NuVasive, Inc. (the "Company"), any and all Form 3, 4 and 5 reports required to be filed by the undersigned in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 report and timely file such report with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned, pursuant to this Power of Attorney, shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in his discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform each and every act and thing whatsoever requisite, necessary, and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that no such attorney-in-fact, in serving in such capacity at the request of the undersigned, is hereby assuming, nor is the Company hereby assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934, as amended. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Form 3, 4 and 5 reports with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 10th day of May, 2004. /s/ Andrew Senyei Signature Andrew Senyei Print Name /s/ Andrew Senyei Signature Andrew Senyei, on behalf of Print Name Enterprise Management Partners IV, L.P. Enterprise Management Partners IV-A, L.P. Enterprise Partners IV, L.P. Enterprise Partners IV Associates, L.P. Enterprise Partners Annex Fund IV, L.P. Enterprise Partners Annex Fund IV-A, L.P. EX-24 3 ex24stensrud.txt POA STENSRUD POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Alexis V. Lukianov and Kevin C. O'Boyle, and each of them individually, his true and lawful attorney-in- fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer, director and/or 10% or greater stockholder of NuVasive, Inc. (the "Company"), any and all Form 3, 4 and 5 reports required to be filed by the undersigned in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 report and timely file such report with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned, pursuant to this Power of Attorney, shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in his discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform each and every act and thing whatsoever requisite, necessary, and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that no such attorney-in-fact, in serving in such capacity at the request of the undersigned, is hereby assuming, nor is the Company hereby assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934, as amended. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Form 3, 4 and 5 reports with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 10th day of May, 2004. /s/ William R. Stensrud Signature William R. Stensrud Print Name EX-24 4 ex24berglund.txt POA BERGLUND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints Alexis V. Lukianov and Kevin C. O'Boyle, and each of them individually, his true and lawful attorney-in- fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer, director and/or 10% or greater stockholder of NuVasive, Inc. (the "Company"), any and all Form 3, 4 and 5 reports required to be filed by the undersigned in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 report and timely file such report with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned, pursuant to this Power of Attorney, shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in his discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform each and every act and thing whatsoever requisite, necessary, and proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that no such attorney-in-fact, in serving in such capacity at the request of the undersigned, is hereby assuming, nor is the Company hereby assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934, as amended. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Form 3, 4 and 5 reports with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 10th day of May, 2004. /s/ James H. Berglund Signature James H. Berglund Print Name -----END PRIVACY-ENHANCED MESSAGE-----