Common use of Acknowledgement Regarding Holder’s Trading Activity Clause in Contracts

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG or any of their respective subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG or any of their respective subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIG, or “derivative” securities based on securities issued by TYDE or BBIG or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreement; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE obligation to timely deliver shares of TYDE Common Stock upon exercise of the TYDE Warrants and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common Stock. TYDE and BBIG further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreement; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Exercised Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Exercised Warrants or the shares of TYDE Common Stock issuable upon exercise thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, none of the Holder has not Holders have been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the any Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries or any affiliate of the forgoing, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities of the Securities for any specified term; (ii) the any Holder, and counterparties in “derivative” transactions to which the any such Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock Ordinary Shares which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the no Holder shall not be deemed to have any affiliation with or control over any arm’s-arm’s length counterparty in any “derivative” transaction; and (iv) the each Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock Ordinary Shares upon conversion, exercise or exchange, as applicable, of the TYDE Warrants Securities as and when required pursuant to the terms thereof Transaction Documents for purposes of effecting trading in the TYDE Common StockOrdinary Shares of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder Press Release (as defined below) one or more Holders may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common StockOrdinary Shares) at various times during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof Securities are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock Warrant Shares or Conversion Shares, as applicable, deliverable thereunder with respect to the Securities are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common StockOrdinary Shares), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement Agreement, the Notes, the Warrants or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Existing Warrants and the August Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Existing Warrants, the August Warrants or the shares of TYDE Common Stock issuable upon exercise conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE The Company further understands and BBIG acknowledges that, prior to 4:00 p.m., New York City time, on June 4, 2021, the Company had provided no material nonpublic information to the Holder regarding the transactions contemplated by the Transaction Documents, and the Holder may have engaged in such hedging and/or trading activities prior to such time. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG or any of their respective its subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG or any of their respective its subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGTYDE, or “derivative” securities based on securities issued by TYDE or BBIG or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreement; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE obligation to timely deliver shares of TYDE Common Stock upon exercise of the TYDE Warrants and conversion of the Note and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common Stock. TYDE and BBIG further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Warrants Warrants, the Note or the shares of TYDE Common Stock issuable upon exercise or conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsDocuments in the Press Release (as defined below), in accordance with none of the terms thereof, the Holder has not Holders have been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the any Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities of the Securities for any specified term; (ii) the any Holder, and counterparties in “derivative” transactions to which the any such Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the each Holder shall not be deemed to have any affiliation with or control over any arm’s-arm’s length counterparty in any “derivative” transaction; and (iv) the each Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon exercise of the TYDE Warrants as and when required pursuant to the terms thereof Transaction Documents for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder Press Release one or more Holders may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times prior to or during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof Securities are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock Note Exchange Shares deliverable thereunder with respect to the Securities are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement Agreement, the Exchange Notes or any other Transaction Document or any of the documents executed in connection herewith or therewith.. 18

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE January Warrants and the May Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE January Warrants, the May Warrants or the shares of TYDE Common Stock issuable upon exercise conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE The Company further understands and BBIG acknowledges that, prior to 4:00 p.m., New York City time, on May 21, 2021, the Company had provided no material nonpublic information to the Holder regarding the transactions contemplated by the Transaction Documents, and the Holder may have engaged in such hedging and/or trading activities prior to such time. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective its subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective its subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreement; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company obligation to timely deliver shares of TYDE Common Stock upon exercise of the TYDE Warrants and conversion of the Note and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common Stock. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Warrants Warrants, the Note or the shares of TYDE Common Stock issuable upon exercise or conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreement; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Exchanged Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Exchanged Warrants or the shares of TYDE Common Stock issuable upon exercise thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsDocuments in the Signing Announcement (as defined below), in accordance with none of the terms thereof, the Holder has not Holders have been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the any Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities of the Securities for any specified term; (ii) the any Holder, and counterparties in “derivative” transactions to which the any such Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the each Holder shall not be deemed to have any affiliation with or control over any arm’s-arm’s length counterparty in any “derivative” transaction; and (iv) the each Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon exercise of the TYDE Warrants as and when required pursuant to the terms thereof Transaction Documents for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder Signing Announcement, one or more Holders may engage in hedging and/or trading activities Hedging Arrangements (as defined below) (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times prior to or during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof Securities are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder Exchange Note Shares issuable pursuant to the Exchange Notes are being determined determined, and such hedging and/or trading activities Hedging Arrangements (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities Hedging Arrangements are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities Hedging Arrangements do not constitute a breach of this Agreement Agreement, the Exchange Notes or any other Transaction Document or any of the documents executed in connection herewith or therewith. “Hedging Arrangements” means any forward, futures, swap, collar, put, call, floor, cap, option or other contract or trading activity that are intended to benefit from, or reduce or eliminate the risk of, fluctuations in price, but shall not include the location and/or reservation of borrowable shares.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Exchange Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities of the New Securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which any the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such the Holder’s knowledge of the transactions contemplated by this Agreementthe Exchange Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-arm’s length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Warrants New Securities as and when required pursuant to the terms thereof Exchange Documents for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Exchange Documents pursuant to the 8-K Filing (as defined below) the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof New Securities are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock New Conversion Shares deliverable thereunder with respect to the New Preferred Shares are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement Agreement, the Certificate of Designations or any other Exchange Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE January Warrants and the June Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE January Warrants, the June Warrants or the shares of TYDE Common Stock issuable upon exercise conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE The Company further understands and BBIG acknowledges that, prior to 4:00 p.m., New York City time, on June [___], 2021, the Company had provided no material nonpublic information to the Holder regarding the transactions contemplated by the Transaction Documents, and the Holder may have engaged in such hedging and/or trading activities prior to such time. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Exercised Warrants and the November Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Exercised Warrants, the November Warrants or the shares of TYDE Common Stock issuable upon exercise conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE The Company further understands and BBIG acknowledges that, prior to 4:00 p.m., New York City time, on November 9, 2021, the Company had provided no material nonpublic information to the Holder, and the Holder may have engaged in such hedging and/or trading activities prior to such time. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG that the Company that, except as set forth in Section 4(aa) below, (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, none of the Holder has not Holders have been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the any Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities of the Securities for any specified term; (ii) the any Holder, and counterparties in “derivative” transactions to which the any such Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the each Holder shall not be deemed to have any affiliation with or control over any arm’s-arm’s length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Warrants Securities as and when required pursuant to the terms thereof Transaction Documents for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder Press Release (as defined below) one or more Holder’s may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof Securities are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock Warrant Shares or Conversion Shares, as applicable, deliverable thereunder with respect to the Securities are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement Note, the Warrants or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Existing Warrants and the June Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Existing Warrants, the June Warrants or the shares of TYDE Common Stock issuable upon exercise conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE The Company further understands and BBIG acknowledges that, prior to 4:00 p.m., New York City time, on June 4, 2021, the Company had provided no material nonpublic information to the Holder regarding the transactions contemplated by the Transaction Documents, and the Holder may have engaged in such hedging and/or trading activities prior to such time. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Exercised Warrants and the December Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Exercised Warrants, the December Warrants or the shares of TYDE Common Stock issuable upon exercise thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE The Company further understands and BBIG acknowledges that, prior to December 19, 2021, the Company had provided no material nonpublic information to the Holder, and the Holder may have engaged in such hedging and/or trading activities prior to such time. The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction DocumentsDocuments in the Press Release (as defined below), in accordance with none of the terms thereof, the Holder has not Holders have been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the any Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities of the Securities for any specified term; (ii) the any Holder, and counterparties in “derivative” transactions to which the any such Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the each Holder shall not be deemed to have any affiliation with or control over any arm’s-arm’s length counterparty in any “derivative” transaction; and (iv) the each Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon exercise of the TYDE Warrants as and when required pursuant to the terms thereof Transaction Documents for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder Press Release one or more Holders may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times prior to or during the period that the TYDE Warrants or the shares of TYDE Common Stock issuable upon exercise thereof Securities are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock Underlying Shares deliverable thereunder with respect to the Securities are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement Agreement, the Exchange Notes, the Exchange Warrants or any other Transaction Document or any of the documents executed in connection herewith or therewith.

Acknowledgement Regarding Holder’s Trading Activity. It is understood and acknowledged by each of TYDE and BBIG the Company that (i) following the public disclosure of the transactions contemplated by this Agreement and the other Transaction Documents, in accordance with the terms thereof, the Holder has not been asked by TYDE or BBIG the Company or any of their respective subsidiaries its Subsidiaries to agree, nor has the Holder agreed with TYDE or BBIG the Company or any of their respective subsidiariesits Subsidiaries, to desist from effecting any transactions in or with respect to (including, without limitation, purchasing or selling, long and/or short) any securities of TYDE or BBIGthe Company, or “derivative” securities based on securities issued by TYDE or BBIG the Company or to hold any securities for any specified term; (ii) the Holder, and counterparties in “derivative” transactions to which the Holder is a party, directly or indirectly, presently may have a “short” position in the TYDE Common Stock or the BBIG Common Stock which was established prior to such Holder’s knowledge of the transactions contemplated by this Agreementthe Transaction Documents; (iii) the Holder shall not be deemed to have any affiliation with or control over any arm’s-length counterparty in any “derivative” transaction; and (iv) the Holder may rely on TYDE the Company’s obligation to timely deliver shares of TYDE Common Stock upon conversion, exercise or exchange, as applicable, of the TYDE Exercised Warrants and the September Warrants as and when required pursuant to the terms thereof for purposes of effecting trading in the TYDE Common StockStock of the Company. TYDE and BBIG The Company further understands and acknowledges that following the public disclosure of the transactions contemplated by this Agreement the Transaction Documents pursuant to the 8-K Filing the Holder may engage in hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock and BBIG Common Stock) at various times during the period that the TYDE Exercised Warrants, the September Warrants or the shares of TYDE Common Stock issuable upon exercise conversion thereof are outstanding, including, without limitation, during the periods that the value and/or number of the such shares of TYDE Common Stock deliverable thereunder are being determined and such hedging and/or trading activities (including, without limitation, the location and/or reservation of borrowable shares of TYDE Common Stock), if any, can reduce the value of the existing stockholders’ equity interest in TYDE the Company both at and after the time the hedging and/or trading activities are being conducted. Each of TYDE and BBIG The Company acknowledges that such aforementioned hedging and/or trading activities do not constitute a breach of this Agreement or any other Transaction Document or any of the documents executed in connection herewith or therewith.