FORM OFRegistration Rights Agreement • August 15th, 2005 • Smart Online Inc • Services-prepackaged software • North Carolina
EMPLOYMENT AGREEMENT THIS AGREEMENT by and between Smart Online, Inc. a Delaware corporation (the "COMPANY"), and Henry Nouri (the "EMPLOYEE"), dated as of the 1st day of April, 2004. WITNESSETH THAT WHEREAS, the Company and the Employee wish to...Employment Agreement • September 30th, 2004 • Smart Online Inc
EMPLOYMENT AGREEMENT THIS AGREEMENT by and between Smart Online, Inc. a Delaware corporation (the "Company"), and Michael Nouri (the "Employee"), dated as of the 1st day of April, 2004. WITNESSETH THAT WHEREAS, the Company and the Employee wish to...Employment Agreement • November 24th, 2004 • Smart Online Inc • Services-prepackaged software
SUBSCRIPTION AGREEMENT (WITH WARRANTS) Smart Online, Inc. 2530 Meridian Parkway 2nd Floor Durham, North Carolina 27713 Attention: Michael NouriSubscription Agreement • September 30th, 2004 • Smart Online Inc • North Carolina
WITNESSETH THATEmployment Agreement • November 24th, 2004 • Smart Online Inc • Services-prepackaged software
SECURITY AGREEMENT THIS SECURITY AGREEMENT, dated as of October 13, 2003 (this "SECURITY AGREEMENT"), is entered into by Smart Online, Inc., a Delaware corporation headquartered at 2530 Meridian Parkway, Durham, North Carolina 27713 (the "DEBTOR") in...Security Agreement • November 24th, 2004 • Smart Online Inc • Services-prepackaged software • North Carolina
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 14th, 2005 • Smart Online Inc • Services-prepackaged software • North Carolina
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of __________, 2005, by and among Smart Online, Inc., a Delaware corporation with its headquarters located at 2530 Meridian Parkway, Durham, North Carolina 27713 (the “Company”), and the undersigned (together with its affiliates and any assignees or transferees of all of its respective rights hereunder, the “Investors”).
FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • August 15th, 2005 • Smart Online Inc • Services-prepackaged software • Delaware
SUBSCRIPTION AGREEMENTSubscription Agreement • November 14th, 2006 • Smart Online Inc • Services-prepackaged software • Delaware
SMART ONLINE, INC.Convertible Secured Subordinated Note Purchase Agreement • March 30th, 2009 • Smart Online Inc • Services-prepackaged software • Delaware
SMART ONLINE, INC. CREDITOR:Standstill and Interest Modification Agreement • September 30th, 2004 • Smart Online Inc • North Carolina
This Standstill Agreement is given to induce holders of Series A Preferred Stock of the Company to approve a reorganization of the capital structure of the Company which will eliminate the Series A Preferred Stock of the Company, it being agreed by Creditor that such reorganization would benefit Creditor who holds shares of Common Stock, and /or options to purchase Common Stock, of the company, by making the Company's Common Stock more valuable.
LOAN AND SECURITY AGREEMENT dated June 9, 2014 between Comerica Bank and MobileSmith, Inc.Loan and Security Agreement • August 13th, 2014 • MobileSmith, Inc. • Services-prepackaged software • California
This LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into as of June 9, 2014, by and between Comerica Bank (“Bank”) and MobileSmith, Inc., a Delaware corporation (“Borrower”).
MOBILESMITH, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • May 17th, 2019 • MobileSmith, Inc. • Services-prepackaged software
THIS INCENTIVE STOCK OPTION AGREEMENT, made and entered into as of the 15th day of May, 2019, by and between MobileSmith, Inc., a Delaware corporation (the “Company”), and _______ (the “Participant”).
Registration Rights AgreementRegistration Rights Agreement • April 3rd, 2007 • Smart Online Inc • Services-prepackaged software • Delaware
This Registration Rights Agreement (the “Agreement”) is made as of the date set forth below between Smart Online, Inc., a Delaware corporation (the “Company”), and the purchasers of its Common Stock (as defined below) pursuant to a Securities Purchase Agreement dated as of the date hereof (each in “Investor” and, collectively, the “Investors”). Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Securities Purchase Agreement.
Exhibit 4.7 [Form of Note to be issued post January 2009] THIS NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR UNDER ANY APPLICABLE STATE SECURITIES...Note Agreement • March 30th, 2009 • Smart Online Inc • Services-prepackaged software • Delaware
RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • December 3rd, 2007 • Smart Online Inc • Services-prepackaged software • Delaware
THIS RESTRICTED STOCK AGREEMENT, made and entered into as of the day of , 2007, by and between Smart Online, Inc., a Delaware corporation (the “Company), and (the “Director”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 14th, 2007 • Smart Online Inc • Services-prepackaged software
THIS EMPLOYMENT AGREEMENT (the “Agreement”) by and between Smart Online, Inc. a Delaware corporation (the “Company”), and Joseph Trepanier (the “Employee”), dated as of the 15th day of August, 2007.
LOCK-UP, PROXY AND RELEASE AGREEMENT FOR COMMON STOCKLock-Up, Proxy and Release Agreement • February 24th, 2005 • Smart Online Inc • Services-prepackaged software
This Agreement (the “Agreement”) is made and entered into as of January 1, 2004, by and between Smart Online, Inc., a Delaware corporation (the “Corporation”), and the undersigned stockholder or option holder of the Corporation (“Stockholder”). As used herein, the “Corporation” includes Smart Online, Inc. and any successor to substantially all of its business, whether by way of merger, asset sale or otherwise.
EXHIBIT 10.22 STANDSTILL AND INTEREST MODIFICATION AGREEMENT AGREEMENT dated as of December 22, 2004 between Smart Online , Inc., a Delaware corporation (the "Company") and Tom Furr ("Creditor"). WHEREAS, Creditor holds a Promissory Note from the...Standstill and Interest Modification Agreement • December 23rd, 2004 • Smart Online Inc • Services-prepackaged software • North Carolina
ELEVENTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED NOTE PURCHASE AGREEMENT, NINTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES AND EIGHTH AMENDMENT TO REGISTRATION RIGHTS AGREEMENTConvertible Secured Subordinated Note Purchase Agreement • May 6th, 2020 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS ELEVENTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED NOTE PURCHASE AGREEMENT, NINTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES AND EIGHTH AMENDMENT TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), effective as of April 30, 2020, is made and entered into by and among MobileSmith, Inc., a Delaware corporation (the “Company”), the undersigned holders (the “Holders”, and each individually, a “Holder”) of the Convertible Secured Subordinated Promissory Notes (the “Notes”) issued by the Company from time to time pursuant to that certain Convertible Secured Subordinated Note Purchase Agreement, dated November 14, 2007 (as amended through the date hereof, the “Note Purchase Agreement”), among the Company and the Holders. Capitalized terms used but not defined herein have the meanings assigned to them in the Note Purchase Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2007 • Smart Online Inc • Services-prepackaged software
THIS EMPLOYMENT AGREEMENT is made as of the 1st day of April 2004, between Smart Online, Inc. (the “Company”) and Scott Whitaker (the “Employee”).
AMENDMENT NO. 3 TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTESConvertible Secured Subordinated Promissory Notes • October 30th, 2018 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS AMENDMENT NO. 3 TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES (this “Amendment”), effective as of October 24, 2018, is made and entered into by and among MobileSmith, Inc., a Delaware corporation (the “Company”), the undersigned holders (the “Holders”, and each individually, a “Holder”) of the Convertible Secured Subordinated Promissory Notes (the “Notes”) issued by the Company from time to time pursuant to that certain Convertible Secured Subordinated Note Purchase Agreement, dated May 25, 2018, (as amended through the date hereof, the “Note Purchase Agreement”), among the Company and the Holders. Capitalized terms used but not defined herein have the meanings assigned to them in the Note Purchase Agreement.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 14th, 2007 • Smart Online Inc • Services-prepackaged software • Delaware
THIS REGISTRATION RIGHTS AGREEMENT is made as of the 14th day of November, 2007 by and among Smart Online, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto (each of which is referred to in this Agreement as an “Investor” and collectively, the “Investors”).
Israel Discount Bank of New York GuarantyGuaranty • July 2nd, 2013 • Smart Online Inc • Services-prepackaged software • New York
In consideration of advances, loans, extension of credit, renewals, acquisition of notes and other instruments for payment of money and any security documents relative thereto or security agreements, conditional contracts of sale, chattel mortgages, leases and other lien or security instruments or an interest or participation therein, due or to become due, heretofore made to or for the account of SMART ONLINE INC. or any one or more of them jointly and/or severally (each, any and all of whom are hereinafter, for the purpose of this Guaranty, called “Borrower”) and/or now or hereafter to be made directly, or indirectly, to or for the account of or from Borrower by Israel Discount Bank of New York, 511 Fifth Avenue, New York, NY 10017, (hereinafter called “Bank”) solely with respect to that certain Promissory Note dated May 31, 2012 in the principal amount of $5,000,000.00 executed by Borrower in favor of Bank (as amended from time to time, the "Note") and/or the granting to or for accou
EMPLOYMENT AGREEMENTEmployment Agreement • October 24th, 2005 • Smart Online Inc • Services-prepackaged software
THIS EMPLOYMENT AGREEMENT is made as of the 17th day of October, 2005, between SMART ONLINE, INC. (“SOL”), iMART INCORPORATED, a wholly owned subsidiary of SOL (the “Company”) and GARY MAHIEU (the “Employee”).
Date: January 29, 2021 Dear Mr. Tomlin,Advisor Agreement • February 2nd, 2021 • MobileSmith, Inc. • Services-prepackaged software
This appointment letter (the "Letter Agreement") shall record all the agreements and understandings between MobileSmith Inc., a Delaware Corporation (the "Company") and Mr. Tomlin (the “Advisor” or “You”), in connection with your transition from Director (board member), effective February 1, 2021, to appointment as an Advisor of the Company in a non-executive capacity, and for the other purposes listed hereunder.
RECITALSIntegration Program Agreement • November 24th, 2004 • Smart Online Inc • Services-prepackaged software • North Carolina
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 5th, 2021 • MobileSmith, Inc. • Services-prepackaged software • North Carolina
This Executive Employment Agreement (this “Agreement”) is made and entered into as of the Effective Date shown at the top of the signature block below (the "Effective Date"), by and among MobileSmith, Inc., a Delaware corporation (the “Company”) and the undersigned individual (the “Executive”). The Company and the Executive are each a “Party” and collectively the “Parties” to this Agreement.
SMART ONLINE, INC. NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • May 15th, 2007 • Smart Online Inc • Services-prepackaged software
THIS NONQUALIFIED STOCK OPTION AGREEMENT, made and entered into as of the ___ day of __________, 20__, by and between Smart Online, Inc., a Delaware corporation (the “Company”), and _____________ (the “Participant”).
Date: July 1, 2019 Dear Mr. Epstein,Appointment Agreement • July 9th, 2019 • MobileSmith, Inc. • Services-prepackaged software
This appointment letter (the "Letter Agreement") shall record all the agreements and understandings between MobileSmith, Inc., a Delaware Corporation (the "Company") and Mr. Epstein (the “Board Member” or “You”), in connection with your appointment as an Advisor and Board Member of the Company in a non-executive capacity and for the other purposes listed hereunder.
EXHIBIT 10.20 STANDSTILL AND INTEREST MODIFICATION AGREEMENT AGREEMENT dated as of December 22, 2004 between Smart Online , Inc., a Delaware corporation (the "Company") and Dennis Michael Nouri ("Creditor"). WHEREAS, Creditor holds a Promissory Note...Standstill and Interest Modification Agreement • December 23rd, 2004 • Smart Online Inc • Services-prepackaged software • North Carolina
CONSULTING AGREEMENTConsulting Agreement • August 30th, 2006 • Smart Online Inc • Services-prepackaged software
THIS CONSULTING AGREEMENT (the “Agreement”) is made and entered into effective the 4th day of October 2005 (the “Effective Date”) by and between Berkley Financial Services Ltd. , whose principal place of business is (“Consultant”) and Smart Online, Inc. (the “Client”) whose principal place of business is 2530 Meridian Parkway, Second Floor, Durham, North Carolina 27713.
FORM OF LOCK-UP, PROXY AND RELEASE AGREEMENT FOR COMMON STOCKLock-Up, Proxy and Release Agreement • August 15th, 2005 • Smart Online Inc • Services-prepackaged software
CONSULTING AGREEMENTConsulting Agreement • November 10th, 2005 • Smart Online Inc • Services-prepackaged software
THIS CONSULTING AGREEMENT (the “Agreement”) is made and entered into effective the 26th day of October 2005 (the “Effective Date”) by and between General Investments Capital Ltd. , whose principal place of business is Harlaw Chambers, The Valley, Anguilla, British West Indies (“Consultant”) and Smart Online, Inc. (the “Client”) whose principal place of business is 2530 Meridian Parkway, Second Floor, Durham, North Carolina 27713.
SERIES A EXCHANGE AGREEMENTSeries a Exchange Agreement • February 2nd, 2021 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS SERIES A EXCHANGE AGREEMENT (this “Agreement”), dated as of December 23, 2020 (the “Closing Date”), is entered into by and between MobileSmith, Inc., a Delaware corporation (the “Company”), and the parties identified as “Holder(s)” on the signature page hereto (the “Holder(s)”).
