EXHIBIT 4.65 WARRANT AGREEMENT THIS WARRANT AND THE SHARES OF COMMON STOCK COVERED HEREBY (COLLECTIVELY, THE "SECURITIES") HAVE NOT BEEN REGISTERED UNDER ANY STATE SECURITIES LAW OR THE SECURITIES ACT OF 1933, AS AMENDED ("FEDERAL ACT") UPON RELIANCE...Warrant Agreement • February 8th, 2005 • Surfnet Media Group Inc • Services-computer programming services • Delaware
ARTICLE 1 DEFINITIONSLicense Agreement • July 5th, 2002 • Innerspace Corp • Services-computer programming services • Georgia
MODAVOX, INC. KINO ACQUISITION SUB, INC. KINO INTERACTIVE, LLCAgreement and Plan of Reorganization • January 24th, 2006 • Modavox Inc • Services-computer programming services • Delaware
SURFNET MEDIA GROUP, INC. COMMON STOCK PURCHASE WARRANT DATED AS OF MARCH 17, 2004 WARRANT AGREEMENT THIS WARRANT AND THE SHARES OF COMMON STOCK COVERED HEREBY (COLLECTIVELY, THE "SECURITIES") HAVE NOT BEEN REGISTERED UNDER ANY STATE SECURITIES LAW OR...Common Stock Purchase Warrant • June 21st, 2004 • Surfnet Media Group Inc • Services-computer programming services • Delaware
RECITALSSettlement Agreement • April 28th, 2006 • Modavox Inc • Services-computer programming services • Delaware
EXHIBIT 10.41 AMENDMENT #1 TO AGREEMENT DATED AS OF MARCH 17, 2004 THIS INSTRUMENT constitutes AMENDMENT # 1 to that certain Agreement dated as of March 17, 2004 (the "Agreement") between STEPHEN G. HAPPAS, a Massachusetts resident ("Happas"), and...Agreement • February 8th, 2005 • Surfnet Media Group Inc • Services-computer programming services
RECITAL:Separation Agreement • June 17th, 2004 • Surfnet Media Group Inc • Services-computer programming services • Arizona
RECITALSEscrow Agreement • July 18th, 2003 • Innerspace Corp • Services-computer programming services • Utah
By:/s/Frank Nassar By:/s/Robert D. Arkin Frank Nassar Robert D. Arkin Chief Executive Officer Schedule A to Consulting AgreementConsulting Agreement • October 23rd, 2002 • Innerspace Corp • Services-computer programming services • Georgia
LICENSE AGREEMENT THIS LICENSE AGREEMENT is made as of the 5th day of December, 2005 between KINO COMMUNICATIONS, L.L.C., a limited liability company organized and existing under the laws of the State of Arizona ("Licensor"), and KINO INTERACTIVE...License Agreement • March 7th, 2007 • Modavox Inc • Services-computer programming services • Arizona
RECITALS:Development Agreement • October 18th, 2004 • Surfnet Media Group Inc • Services-computer programming services • Arizona
MODAVOX, INC.Reorganization Agreement • June 14th, 2006 • Modavox Inc • Services-computer programming services • Delaware
RECITALSMerger Agreement • July 18th, 2003 • Innerspace Corp • Services-computer programming services • Delaware
Consulting Agreement Strategic Planning and Business Process This Consulting Areement is made and entered into this 12th day of March, 2002, (the "Effective Date") by and between Bagswell Capital, LLC, a Wyoming limited liability company, located at...Consulting Agreement • August 9th, 2002 • Innerspace Corp • Services-computer programming services • Georgia
1. DEFINITIONSRegistration Rights Agreement • July 18th, 2003 • Innerspace Corp • Services-computer programming services • Delaware
Consulting Agreement Strategic Planning and Business Process This Consulting Areement is made and entered into this 2nd day of January, 2002, (the "Effective Date") by and between Bagswell Capital, LLC, a Wyoming limited liability company, located at...Consulting Agreement • July 5th, 2002 • Innerspace Corp • Services-computer programming services • Georgia
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 27th, 2013 • Hipcricket, Inc. • Communications equipment, nec • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of November 25, 2013 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and HIPCRICKET, INC., a Delaware corporation (“Borrower”), amends and restates in its entirety that certain Loan and Security Agreement dated as of May 3, 2013 (the “Original Agreement”) and provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
AMENDMENT #1 TO AGREEMENT DATED AS OF MAY 25, 2004 THIS INSTRUMENT constitutes AMENDMENT # 1 to that certain Agreement dated as of May 25, 2004 (the "Agreement") between BUZSOFT INC, a Georgia corporation ("Buzsoft"), and SURFNET MEDIA GROUP, INC., A...Amendment to Agreement • October 18th, 2004 • Surfnet Media Group Inc • Services-computer programming services
VOTING AGREEMENTVoting Agreement • June 21st, 2004 • Surfnet Media Group Inc • Services-computer programming services • Delaware
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 8th, 2013 • Hipcricket, Inc. • Communications equipment, nec
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 4, 2013 by and among Hipcricket, Inc., a Delaware corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
SEVERANCE AGREEMENT AND GENERAL RELEASE This Severance Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into as of the latest of the dates set forth below by and between, Modavox, Inc., a corporation organized under...Severance Agreement • June 14th, 2006 • Modavox Inc • Services-computer programming services • Arizona
RECITALSEscrow Agreement • July 18th, 2003 • Innerspace Corp • Services-computer programming services • Arizona
INTRODUCTIONConvertible Note Agreement • October 18th, 2004 • Surfnet Media Group Inc • Services-computer programming services • New York
1. DEFINITIONSRegistration Rights Agreement • June 21st, 2004 • Surfnet Media Group Inc • Services-computer programming services • Delaware
AUGME TECHNOLOGIES, INC. PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 30th, 2013 • Augme Technologies, Inc. • Communications equipment, nec • New York
Augme Technologies, Inc., a Delaware Corporation (the “Company”), proposes, subject to the terms and conditions herein, to issue and sell up to an aggregate of 13,469,661 shares (the “Shares”) of Common Stock of the Company, par value$0.0001 per share (the “Common Stock”), warrants to purchase up to an aggregate of 6,734,831 shares of Common Stock (the “Warrants”), and up to an aggregate of 6,734,831 shares of Common Stock issuable from time to time upon exercise of the Warrants (the “Warrant Shares”) to certain investors (each an “Investor” and, collectively, the “Investors”), in an offering under its registration statement on Form S-3 (Registration No. 333-175191). We are offering the Shares and Warrants in units (each, a “Unit”), with each Unit consisting of one Share together with one-half of one Warrant and each whole Warrant exercisable for one Warrant Share. The Units are more fully described in the Prospectus (as defined below). The Company desires to engage Roth Capital Partne
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Warrant Agreement • January 24th, 2013 • Augme Technologies, Inc. • Communications equipment, nec • Delaware
THIS WARRANT (the “Warrant”) certifies that, for value received, Robbee Minicola (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after January 18, 2013 (the “Initial Exercise Date”) and on or prior to the five-year anniversary of the Initial Exercise Date (the “Termination Date”), but not thereafter, to subscribe for and purchase from Augme Technologies, Inc., a Delaware corporation (the “Company”), up to 300,000 shares (the “Warrant Shares”) of common stock, $.0001 par value per share, of the Company (the “Common Stock”). Any such Warrant Shares granted shall vest 1/36th per month commencing on the Grant Date over a three (3) year period. There is a minimum purchase of 25,000 shares with the purchase price of each share of Common Stock (the “Exercise Price”) under this Warrant shall be $0.53 subject to adjustment hereunder.
AUDIOEYE - MODAVOX COMMUNICATIONS SERVICES AGREEMENT 6/1/2006Business Agreement • June 14th, 2006 • Modavox Inc • Services-computer programming services • Delaware
AUGME TECHNOLOGIES, INC. Stock Option AgreementStock Option Agreement • October 21st, 2010 • Augme Technologies, Inc. • Communications equipment, nec
THIS AGREEMENT is made as of June 24, 2010, by and between AUGME TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and Jacob Paugh (the "Optionee").
EMPLOYMENT AGREEMENT This Employment Agreement, by and between MODAVOX, INC., a Delaware corporation ("Modavox") and Nathaniel Bradley ("Bradley"), is effective as of the date as of the date Certificate of Merger relating to the Merger of Kino...Employment Agreement • June 14th, 2006 • Modavox Inc • Services-computer programming services • Arizona
1. DEFINITIONSPiggyback Registration Rights Agreement • June 21st, 2004 • Surfnet Media Group Inc • Services-computer programming services • Delaware
ARTICLE 1 DEFINITIONSConvertible Promissory Note Purchase Agreement • June 21st, 2004 • Surfnet Media Group Inc • Services-computer programming services • Delaware
RECITAL:Separation Agreement • May 5th, 2004 • Surfnet Media Group Inc • Services-computer programming services • Arizona
INDEMNIFICATION AGREEMENTIndemnification Agreement • June 21st, 2013 • Augme Technologies, Inc. • Communications equipment, nec • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of the 17 day of June, 2013, by and between Augme Technologies, Inc., a Delaware corporation (the “Corporation”), and Douglas O. Stovall, Jr. (“Indemnitee”), a director and/or officer of the Corporation.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 8th, 2013 • Hipcricket, Inc. • Communications equipment, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 3, 2013 by and among Hipcricket, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and permitted assigns, a “Purchaser” and collectively, the “Purchasers”).
AMENDED AND RESTATED ASSET PURCHASE AGREEMENTAsset Purchase Agreement • August 31st, 2011 • Augme Technologies, Inc. • Communications equipment, nec • Delaware
This Amended and Restated Asset Purchase Agreement (this “Agreement”) is dated as of August 25, 2011 by and between Augme Technologies, Inc., a Delaware corporation with a principal address of 43 West 24th Street, Suite 11B, New York, NY 10010 (“Buyer”), and Hipcricket, Inc., a Delaware corporation with a principal address of 11241 Slater Avenue NE, Suite 201, Kirkland, Washington 98033 (“Seller”).
