REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 11th, 2007 • Zagg INC • Retail-miscellaneous retail
This Registration Rights Agreement (this “Agreement”) is made and entered into as of July __, 2007, between Zagg Incorporated, a Nevada corporation (the “Company”) and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
COMMON STOCK PURCHASE WARRANT ZAGG INCORPORATEDSecurities Agreement • July 11th, 2007 • Zagg INC • Retail-miscellaneous retail
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (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 the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Zagg Incorporated, a Nevada corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
FINANCING AGREEMENTFinancing Agreement • June 22nd, 2011 • Zagg INC • Retail-miscellaneous retail • New York
REVOLVING CREDIT NOTERevolving Credit Note • July 17th, 2017 • ZAGG Inc • Retail-miscellaneous retail
FOR VALUE RECEIVED, the undersigned, ZAGG INC, a Delaware corporation (the “Borrower”), promises to pay, on the last day of the Commitment Period, as defined in the Credit Agreement (as hereinafter defined), to the order of ZB, N.A. DBA ZIONS FIRST NATIONAL BANK (“Lender”) at the main office of KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, as hereinafter defined, 127 Public Square, Cleveland, Ohio 44114-1306 the principal sum of
PLEDGE AGREEMENTPledge Agreement • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail • New York
This PLEDGE AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is made effective as of the 3rd day of March, 2016 by MOPHIE INC., a California corporation (the “Pledgor”), in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association, as the administrative agent under the Credit Agreement, as hereinafter defined (the “Administrative Agent”), for the benefit of the Administrative Agent and the Lenders, as hereinafter defined.
REVOLVING CREDIT NOTE $30,000,000.00 April 12, 2018Revolving Credit Note • April 12th, 2018 • ZAGG Inc • Retail-miscellaneous retail
FOR VALUE RECEIVED, the undersigned, ZAGG INC, a Delaware corporation (the “Borrower”), promises to pay, on the last day of the Commitment Period, as defined in the Credit Agreement (as hereinafter defined), to the order of ZB, N.A. DBA ZIONS FIRST NATIONAL BANK (“Lender”) at the main office of KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, as hereinafter defined, 127 Public Square, Cleveland, Ohio 44114-1306 the principal sum of
TERM NOTETerm Note • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail
FOR VALUE RECEIVED, the undersigned, ZAGG INC, a Nevada corporation (the “Borrower”), promises to pay to the order of KEYBANK NATIONAL ASSOCIATION (“Lender”) at the main office of KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, as hereinafter defined, 127 Public Square, Cleveland, Ohio 44114-1306 the principal sum of
AGREEMENT AND PLAN OF MERGER BY AND AMONG ZEPHYR PARENT, INC., ZEPHYR MERGER SUB, INC. AND ZAGG INC Dated as of December 10, 2020Merger Agreement • December 11th, 2020 • ZAGG Inc • Retail-miscellaneous retail • New York
Re: Employment Agreement Dear Taylor:Employment Agreement • March 12th, 2019 • ZAGG Inc • Retail-miscellaneous retail • Utah
This letter agreement (“Agreement”) sets forth the terms of your employment with ZAGG Inc, a Delaware corporation (“ZAGG” or the “Company”), effective as of March 31, 2019 (the “Effective Date”). This Agreement amends and restates in its entirety any prior employment understanding or agreement between you and the Company or any other entity which is controlled by the Company (each an “Affiliate”).
CHANGE OF CONTROL ADDENDUM TO THE EMPLOYMENT AGREEMENTChange of Control Addendum • March 12th, 2019 • ZAGG Inc • Retail-miscellaneous retail
THIS CHANGE OF CONTROL ADDENDUM TO THE EMPLOYMENT AGREEMENT, dated March 11, 2019 (the “Addendum”), is by and between ZAGG Inc, a Delaware corporation (the “Company”), and Taylor Smith (“Executive” or “you”).
Distributorship AgreementDistributorship Agreement • February 9th, 2007 • Amerasia Khan Enterprises Ltd. • Retail-apparel & accessory stores • Utah
This Distributorship Agreement (the “Agreement”) is entered into as of ____________ by and between ShieldZone Corporation, a Utah corporation (“ShieldZone”) and ________________ (“Distributor”).
SECURITY AGREEMENTSecurity Agreement • March 14th, 2011 • Zagg INC • Retail-miscellaneous retail • Utah
This Security Agreement (“Agreement”) is made as of March 7, 2011, by and between ZAGG Incorporated, a Nevada corporation (“Debtor”), and U.S. Bank National Association (“Secured Party”).
COOPERATION AGREEMENTCooperation Agreement • April 16th, 2020 • ZAGG Inc • Retail-miscellaneous retail • Delaware
This Cooperation Agreement (this “Agreement”) is made and entered into as of April 15, 2020 by and among ZAGG Inc, a Delaware corporation (the “Company”), AREX Capital Management, LP, a Delaware limited partnership, AREX Capital Master Fund, LP, a Cayman Islands limited partnership, AREX Capital GP, LLC, a Delaware limited liability company, AREX Capital Management GP, LLC, a Delaware limited liability company, and Andrew Rechtschaffen, an individual (collectively, the “AREX Parties”) (each of the Company and AREX Parties, a “Party” to this Agreement, and collectively, the “Parties”).
INTELLECTUAL PROPERTY SECURITY AGREEMENT (Subsidiary)Intellectual Property Security Agreement • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail • New York
This INTELLECTUAL PROPERTY SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is made effective as of the 3rd day of March, 2016 by MOPHIE INC., a California corporation (the “Pledgor”), in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association, as the administrative agent under the Credit Agreement, as hereinafter defined (the “Administrative Agent”), for the benefit of the Administrative Agent and the Lenders, as hereinafter defined.
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail • Delaware
THIS FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of March 3, 2016, is entered into by and among ZAGG INC, a Nevada corporation (“Parent”), ZM ACQUISITION, INC., a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), MOPHIE INC., a California corporation (the “Company”), and the Representative to amend that certain Agreement and Plan of Merger, dated as of February 2, 2016, by and among the Parties (the “Merger Agreement”).
United Kingdom UB8 2BS Re: Employment Agreement Dear Jim:Employment Agreement • August 16th, 2018 • ZAGG Inc • Retail-miscellaneous retail • England and Wales
This letter agreement (“Agreement”) sets forth the terms of your employment with ZAGG International Distribution Limited, a corporation organized under the laws of Ireland (“ZAGG International” or the “Company”), effective as of the Effective Date, as defined below. The Company is a wholly-owned subsidiary of ZAGG Inc (“ZAGG”), a Delaware corporation.
SECURITY AGREEMENTSecurity Agreement • March 8th, 2016 • ZAGG Inc • Retail-miscellaneous retail • New York
This SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is made effective as of the 3rd day of March, 2016, by:
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 26th, 2007 • Zagg INC • Retail-miscellaneous retail • Nevada
THIS AGREEMENT is made as of September __, 2007, by and between Zagg Incorporated, a Nevada corporation (the “Company”), the stockholder signatory hereto (the “Stockholder”).
ZAGG Inc INDEMNITY AGREEMENTIndemnity Agreement • December 16th, 2011 • Zagg INC • Retail-miscellaneous retail • Nevada
This Indemnity Agreement (this “Agreement”), dated as of December 12, 2011, is made by and between ZAGG Inc, a Nevada corporation (the “Company”), and Randy Hales, a director and/or officer of the Company (the “Indemnitee”).
AGREEMENT AND PLAN OF MERGER by and among AMERASIA KHAN ENTERPRISES LTD SZC ACQUISITION, INC. and SHIELDZONE CORPORATION February 8, 2007Merger Agreement • February 9th, 2007 • Amerasia Khan Enterprises Ltd. • Retail-apparel & accessory stores • Nevada
THIS AGREEMENT AND PLAN OF MERGER is entered into as of February 8, 2007 by and among AMERASIA KHAN ENTERPRISES LTD, a Nevada corporation (“Parent”), SZC ACQUISITION, INC., a Nevada corporation and a wholly-owned subsidiary of Parent (“Acquisition Corp.”), and SHIELDZONE CORPORATION, a Utah corporation (the “Company”).
LOCK-UP AGREEMENTLock-Up Agreement • July 1st, 2011 • Zagg INC • Retail-miscellaneous retail • Nevada
This LOCK-UP AGREEMENT (this “Agreement”) is entered into and effective as of June , 2011 (“Effective Date”) by and between Zagg Incorporated, a Nevada corporation (the “Company”), CLAY BROADBENT, an individual residing in the State of Utah (“Broadbent”), SCOTT HUSKINSON, an individual residing in the State of Utah (“Huskinson”) JEFF MORGAN, an individual residing in the State of Utah (“Morgan”), KENT WUTHRICH, an individual residing in the State of Utah (“Wuthrich”) BLANE JOHNSON, an individual residing in the State of Utah (“Johnson”) and STEVEN HANSEN, an individual residing in the State of Utah (“Hansen”, and together with Broadbent, Huskinson, Morgan, Wuthrich and Johnson each, including their successors and assigns, a “Shareholder” and collectively, the “Shareholders”).
THIRD AMENDMENT ADMINISTRATIVE AGENT FEE LETTERCredit and Security Agreement • July 17th, 2017 • ZAGG Inc • Retail-miscellaneous retail
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • March 14th, 2011 • Zagg INC • Retail-miscellaneous retail • Utah
This Amended and Restated Loan Agreement (the “Agreement”) is entered into as of March 7, 2011 by and between ZAGG Incorporated, a Nevada corporation (“Borrower”), and U.S. Bank National Association (“Lender”).
Academic Regalia Purchase And Rental AgreementPurchase and Rental Agreement • December 2nd, 2005 • Amerasia Khan Enterprises Ltd. • British Columbia
Amerasia is a supplier of academic regalia for convocation and Artona is a private photography studio with its operation in Vancouver, BC, Canada. Both Parties has an Agreement signed May 31st 2004 and an Addendum signed June 15th 2004, for the marketing of the academic regalia. This initial marketing campaign has proven a success and both parties agree to go further for the marketing of such products.
HZO, INC. SECURITY AGREEMENTSecurity Agreement • October 5th, 2009 • Zagg INC • Retail-miscellaneous retail • Utah
THIS SECURITY AGREEMENT (as amended, modified or otherwise supplemented from time to time, this “Security Agreement”), dated as of September 25, 2009 (the “Closing Date”), is executed by hZo, Inc., a Delaware corporation, (together with its successors and assigns, “Debtor”), in favor of Collateral Agent (as defined below) on behalf of the Secured Parties listed on the signature pages hereof (the “Secured Parties”).
SETTLEMENT AGREEMENTSettlement Agreement • March 25th, 2011 • Zagg INC • Retail-miscellaneous retail • Utah
This Settlement Agreement (“Agreement”) is made and entered into effective the 23rd day of March 2011, by and among TELEPORTALL, LLC, a Utah limited liability company (“Teleportall”), HARMER HOLDINGS, LLC, a Utah limited liability company (“Holdings”), GLOBAL INDUSTRIAL SERVICES LIMITED, a British Virgin Islands liability company (“Global”), Lorance Harmer, an individual (“Harmer”), and ZAGG INCORPORATED, a Nevada corporation (“ZAGG” or the “Company”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • May 17th, 2010 • Zagg INC • Retail-miscellaneous retail • Utah
THIS TRADEMARK SECURITY AGREEMENT, dated as of May 13, 2010, is made by the entity listed on the signature page hereof (“Grantor”) in favor of U.S. Bank National Association (“Lender”).
SECOND AMENDMENT AGREEMENTAmendment to Credit Agreement • September 5th, 2019 • ZAGG Inc • Retail-miscellaneous retail • New York
HZO, INC. RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENTRight of First Refusal and Co-Sale Agreement • October 5th, 2009 • Zagg INC • Retail-miscellaneous retail • Delaware
This Right of First Refusal and Co-Sale Agreement (this “Agreement”) is made as of September 25, 2009 by and among hZo, Inc., a Delaware corporation (the “Company”) the individuals and entities listed on Exhibit A attached hereto (each, an “Investor,” and collectively, the “Investors”) and the individuals listed on Exhibit B attached hereto (each, a “Key Holder,” and collectively, the “Key Holders”).
STOCK PURCHASE AGREEMENT by and among ZAGG INCORPORATED, a Nevada corporation REMINDERBAND, INC., a Utah corporation doing business as iFrogz™ and THE SHAREHOLDERS OF REMINDERBAND, INC. Dated: June 21, 2011Stock Purchase Agreement • June 22nd, 2011 • Zagg INC • Retail-miscellaneous retail • Utah
This STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of June 21, 2011, is by and among ZAGG INCORPORATED, a Nevada corporation (“Acquiror”); REMINDERBAND, INC., a Utah corporation doing business as iFrogz™ (the “Company”); SCOTT H. HUSKINSON, an individual (“Huskinson”); CLAY A. BROADBENT, an individual (“Broadbent,” with Huskinson and Broadbent also being referred to individually as a “Primary Seller” and collectively as the “Primary Sellers”); JEFF MORGAN, an individual (“Morgan”); KENT WUTHRICH, an individual (“Wuthrich”); BLANE JOHNSON, an individual (“Johnson”); STEVEN HANSEN, an individual (“Hansen”, and with Morgan, Wuthrich, Johnson and the Primary Sellers being collectively referred to as the “Sellers”); and SCOTT H. HUSKINSON as representative of Sellers pursuant to Section 9.13 (“Sellers Representative”). Sellers and the Company are collectively referred to herein as the “Seller Parties.”
PATENT SECURITY AGREEMENTPatent Security Agreement • March 14th, 2011 • Zagg INC • Retail-miscellaneous retail • Utah
THIS PATENT SECURITY AGREEMENT, dated as of March 7, 2011, is made by ZAGG Incorporated, a Nevada corporation (“Grantor”), in favor of U.S. Bank National Association (“Lender”).
Share purchase agreementShare Purchase Agreement • December 4th, 2018 • ZAGG Inc • Retail-miscellaneous retail • England and Wales
THIRD MODIFICATION TO PROMISSORY NOTEPromissory Note • December 23rd, 2014 • ZAGG Inc • Retail-miscellaneous retail
THIS THIRD MODIFICATION TO PROMISSORY NOTE (this "Modification") is entered into as of December 23, 2014, by and between ZAGG INC, a Nevada corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").
ZAGG INC Performance STOCK Unit award AgreementPerformance Stock Unit Award Agreement • March 15th, 2018 • ZAGG Inc • Retail-miscellaneous retail • Utah
This Performance Stock Unit Award Agreement (this “Agreement”) is made and entered into as of __________ (the “Grant Date”) by and between ZAGG Inc, a Delaware corporation (the “Company”) and __________ (the “Grantee”).
THIRD AMENDMENT CLOSING FEE LETTERCredit and Security Agreement • July 17th, 2017 • ZAGG Inc • Retail-miscellaneous retail
