SUBSCRIPTION AGREEMENT FOR ARES VENTURES CORP.Subscription Agreement • October 20th, 2008 • Ares Ventures Corp.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 15th, 2014 • Mobivity Holdings Corp. • Services-prepackaged software • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 10th day of March, 2014 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 5th, 2018 • Mobivity Holdings Corp. • Services-prepackaged software • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 28th day of June 2018 by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 17th, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Arizona
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this _7th__ day of December, 2020 (the “Effective Date”) by and between MOBIVITY HOLDINGS CORPORATION, a Nevada corporation (the “Company”), and LISA BRENNAN, an individual resident of the State of Massachusetts (“Employee”).
FORM OF REGISTRATION RIGHTS AGREEMENTForm of Registration Rights Agreement • March 30th, 2016 • Mobivity Holdings Corp. • Services-prepackaged software • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 7th day of March 2016 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2016 • Mobivity Holdings Corp. • Services-prepackaged software • Nevada
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 30, 2016 (the “Effective Date”) is among SILICON VALLEY BANK, a California corporation (“Bank”), MOBIVITY, INC., a Nevada corporation (“OpCo”), and MOBIVITY HOLDINGS CORP., a Nevada corporation (“Holdings”, and together with OpCo, individually and collectively, “Borrower”), and provides the terms on which Bank shall lend to Borrower, and Borrower shall repay Bank. The parties agree as follows:
SUBSIDIARY GUARANTYSubsidiary Guaranty • November 8th, 2010 • Commercetel Corp • Metal mining • California
THIS SUBSIDIARY GUARANTY (this “Subsidiary Guaranty”), dated as of October ___, 2010, among CommerceTel Corporation, a Nevada corporation (the “Company”), CommerceTel, Inc., a Nevada corporation (the “Subsidiary Guarantor”), for the benefit of the secured parties signatory hereto and their respective endorsees, transferees and assigns (individually a “Secured Party” and collectively, the “Secured Parties”).
Mobivity Holdings Corp. Restricted Stock Unit Award AgreementRestricted Stock Unit Award Agreement • April 17th, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Nevada
Mobivity Holdings Corp. (the “Company”), pursuant to its 2022 Equity Incentive Plan (the “Plan”), hereby grants an award of Restricted Stock Units to you, the Participant named below. The terms and conditions of this Award are set forth in this Restricted Stock Unit Award Agreement (the “Agreement”), consisting of this cover page and the Terms and Conditions on the following pages, and in the Plan document, a copy of which has been provided to you. Any capitalized term that is used but not defined in this Agreement shall have the meaning assigned to it in the Plan as it currently exists or as it is amended in the future.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2016 • Mobivity Holdings Corp. • Services-prepackaged software • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 7th day of March, 2016, by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).
Mobivity Holdings Corp Non-Qualified Stock Option Agreement Under the 2022 Equity Incentive PlanNon-Qualified Stock Option Agreement • April 17th, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Nevada
Mobivity Holdings Corp. (the “Company”), pursuant to its 2022 Equity Incentive Plan (the “Plan”), hereby grants an Option to purchase shares of the Company’s common stock to you, the Participant named below. The terms and conditions of the Option Award are set forth in this Agreement, consisting of this cover page and the Option Terms and Conditions on the following pages, and in the Plan document, a copy of which has been provided to you. Any capitalized term that is not defined in this Agreement shall have the meaning set forth in the Plan as it currently exists or as it is amended in the future.
ASSET PURCHASE AGREEMENT by and among COMMERCETEL CORPORATION, COMMERCETEL, INC., ADSPARQ LIMITED and THE CONTROLLING SHAREHOLDER IDENTIFIED HEREINAsset Purchase Agreement • August 15th, 2011 • Commercetel Corp • Services-prepackaged software • California
ASSET PURCHASE AGREEMENT, dated as of March 3, 2011 (this “Agreement”), by and among CommerceTel Corporation, a Nevada corporation (“Parent”), CommerceTel, Inc., a Nevada corporation (“Buyer”), Adsparq Limited, a New Zealand corporation ("Seller"), and the individual listed on the signature pages hereto (the “Controlling Shareholder”).
AMENDED AND RESTATED CREDIT FACILITY AGREEMENTCredit Facility Agreement • August 14th, 2023 • Mobivity Holdings Corp. • Services-prepackaged software
This Amended and Restated Credit Facility Agreement (this “Agreement”) is entered into as of November 11, 2022, between Mobivity Holdings Corp., a Nevada corporation (“Borrower”), and Thomas B. Akin, an individual (“Lender”).
SECURITY AGREEMENTSecurity Agreement • June 4th, 2012 • Commercetel Corp • Services-prepackaged software • Florida
This SECURITY AGREEMENT, dated as of May ___________, 2012 (this “Agreement”), is among CommerceTel Corporation, a Nevada corporation (“CommerceTel”) and CommerceTel, Inc., a Nevada corporation (“ComTel Sub”) (collectively, the “Company”), and the holders of the Company’s 10% Senior Secured Convertible Bridge Notes due October 15, 2012 and issued on May __, 2012 in the original aggregate principal amount of $_________ (collectively, the “Notes”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
ContractSecurities Purchase Agreement • March 6th, 2015 • Mobivity Holdings Corp. • Services-prepackaged software • New York
Mobivity Holdings Corp Non-Qualified Stock Option Agreement Under the 2022 Equity Incentive PlanNon-Qualified Stock Option Agreement • April 29th, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Nevada
Mobivity Holdings Corp. (the “Company”), pursuant to its 2022 Equity Incentive Plan (the “Plan”), hereby grants an Option to purchase shares of the Company’s common stock to you, the Participant named below. The terms and conditions of the Option Award are set forth in this Agreement, consisting of this cover page and the Option Terms and Conditions on the following pages, and in the Plan document, a copy of which has been provided to you. Any capitalized term that is not defined in this Agreement shall have the meaning set forth in the Plan as it currently exists or as it is amended in the future.
COMMERCETEL CORPORATION FORM OF COMMON STOCK WARRANTCommercetel Corp • April 14th, 2011 • Services-prepackaged software • California
This Warrant is being issued as part of units (the “Units”) issued by the Company in a private placement pursuant to the Company’s Subscription Agreement (the “Agreement”). Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Agreement.
SUBSCRIPTION AGREEMENTSubscription Agreement • August 15th, 2011 • Commercetel Corp • Services-prepackaged software • California
SUBSCRIPTION AGREEMENT (this “Agreement”) made as of the last date set forth on the signature page hereof between CommerceTel Corporation, a Nevada corporation (the “Company”), and the undersigned (the “Subscriber”).
ACQUISITION AGREEMENT by and among COMMERCETEL CORPORATION, COMMERCETEL, INC., MOBILE VISIONS, INC., MOBIVITY, LLC and THE CONTROLLING OWNERS IDENTIFIED HEREINAcquisition Agreement • April 14th, 2011 • Commercetel Corp • Services-prepackaged software • New York
ACQUISITION AGREEMENT (this “Agreement”), dated April 8, 2011, but effective as of April 1, 2011 (the “Effective Date”), by and among CommerceTel Corporation, a Nevada corporation (“Parent”), CommerceTel, Inc., a Nevada corporation (“Buyer”), Mobile Visions, Inc., a Delaware corporation ("MV"), Mobivity, LLC, a Delaware limited liability company (“Mobivity”) and each of Gary Laden, Gregory Harris and Mark Harris (the “Controlling Owners”, and together with MV and Mobivity, the “Mobivity Sellers”).
Mobivity Holdings Corp. Restricted Stock Unit Award AgreementRestricted Stock Unit Award Agreement • April 29th, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Nevada
Mobivity Holdings Corp. (the “Company”), pursuant to its 2022 Equity Incentive Plan (the “Plan”), hereby grants an award of Restricted Stock Units to you, the Participant named below. The terms and conditions of this Award are set forth in this Restricted Stock Unit Award Agreement (the “Agreement”), consisting of this cover page and the Terms and Conditions on the following pages, and in the Plan document, a copy of which has been provided to you. Any capitalized term that is used but not defined in this Agreement shall have the meaning assigned to it in the Plan as it currently exists or as it is amended in the future.
SHARE EXCHANGE AGREEMENTShare Exchange Agreement • April 14th, 2011 • Commercetel Corp • Services-prepackaged software • New York
This Agreement dated as of __________, 2010, by and among Commercetel Corporation, a Nevada corporation (the “Company”), CommerceTel, Inc., a Nevada corporation (“CTI”), and CommerceTel Canada Corporation (the “Principal Shareholder”) and the other parties listed on the signature page hereto (together with the Principal Shareholder, the “Shareholders”).
THIS AGREEMENT dated January 15, 2016Agreement • January 22nd, 2016 • Mobivity Holdings Corp. • Services-prepackaged software • Nova Scotia
AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT FACILITY AGREEMENT and convertible noteSCredit Facility Agreement • August 19th, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Arizona
THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT FACILITY AND CONVERTIBLE NOTES is dated as of August 13, 2024 (this “Amendment”), between Mobivity Holdings Corp., a Nevada corporation (“Borrower”) and Thomas B. Akin, an individual (“Lender”) (each, a “Party” and together, the “Parties”).
WARRANT EXERCISE AGREEMENTWarrant Exercise Agreement • November 14th, 2016 • Mobivity Holdings Corp. • Services-prepackaged software
The undersigned is the holder of Warrant No. _______________ (the “Warrants”) issued by Mobivity Holdings Corp., a Nevada corporation (the “Company”), which collectively entitle the undersigned to purchase an aggregate of ______________ shares (“Warrant Shares”) of the Company’s $0.001 par value common stock (“Common Stock”) on the terms and subject to the conditions set forth in the Warrants. Capitalized terms used herein and not otherwise defined herein have the respective meanings set forth in the Warrants.
ASSET PURCHASE Agreement by and among MOBIVITY HOLDINGS CORP., MOBIVITY, INC. and BELLY, INC. ASSET PURCHASE agreementAsset Purchase Agreement • April 15th, 2019 • Mobivity Holdings Corp. • Services-prepackaged software • Delaware
ASSET PURCHASE AGREEMENT, dated as of November 14, 2018 (this “Agreement”), by and among Mobivity Holdings Corp., a Nevada corporation (“Parent”), Mobivity, Inc., a Nevada corporation (“Buyer”), and Belly, Inc., a Delaware corporation ("Seller”).
CommerceTel, Inc. CONSULTING AGREEMENTConsulting Agreement • December 27th, 2010 • Commercetel Corp • Metal mining • California
This Consulting Agreement (the “Agreement”) is entered into by and between CommerceTel, Inc., (the “Company”), a Nevada corporation and Paul Meyer (“Consultant”).
Amendment No. 1 to Asset Purchase AgreementAsset Purchase Agreement • August 15th, 2011 • Commercetel Corp • Services-prepackaged software
The udnersigned hereby amend Section 8.02(b) of the Asset Purchase Agreement by changing the reference to "July 1, 2011" therein to "August 15, 2011".
AMENDED AND RESTATED CREDIT FACILITY AGREEMENTCredit Facility Agreement • November 17th, 2022 • Mobivity Holdings Corp. • Services-prepackaged software • Arizona
This Amended and Restated Credit Facility Agreement (this “Agreement”) is entered into as of November 11, 2022, between Mobivity Holdings Corp., a Nevada corporation (“Borrower”), and Thomas B. Akin, an individual (“Lender”).
ASSET PURCHASE AGREEMENTAssignment and Assumption Agreement • October 1st, 2024 • Mobivity Holdings Corp. • Services-prepackaged software • Florida
This ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of September 25, 2024, by and between Mobivity Holdings Corp., a Nevada corporation (“Seller”), and SMS Factory, Inc., a Florida corporation (“Buyer”).
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT FACILITY AGREEMENT and convertible noteSMobivity Holdings Corp. • May 9th, 2024 • Services-prepackaged software • Arizona
THIS AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT FACILITY AND CONVERTIBLE NOTES is dated as of May 3, 2024 (this “Amendment”), between Mobivity Holdings Corp., a Nevada corporation (“Borrower”) and Thomas B. Akin, an individual (“Lender”) (each, a “Party” and together, the “Parties”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 14th, 2023 • Mobivity Holdings Corp. • Services-prepackaged software • Arizona
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of November 6, 2023 is made by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors listed on Schedule I hereto (collectively, the “Investors”).
ASSET PURCHASE AGREEMENT by and among MOBIVITY HOLDINGS CORP., MOBIVITY, INC., FRONT DOOR INSIGHTS LLC and THE CONTROLLING OWNERS IDENTIFIED HEREINAsset Purchase Agreement • May 24th, 2013 • Mobivity Holdings Corp. • Services-prepackaged software • New York
ASSET PURCHASE AGREEMENT, dated as of May 20, 2013 (this “Agreement”), by and among Mobivity Holdings Corp., a Nevada corporation (“Parent”), Mobivity, Inc., a Nevada corporation (“Buyer”), Front Door Insights LLC, a Michigan limited liability company ("Seller"), and the individuals listed on the signature pages hereto as “Controlling Owners” (the “Controlling Owners”).
SUPPORT SERVICES AGREEMENTSupport Services Agreement • July 26th, 2011 • Commercetel Corp • Services-prepackaged software • California
Support Services Agreement (this "Agreement") dated as of July 22, 2011 (the "Effective Date") between Cardiff Partners, LLC, a California limited liability company ("CP") and CommerceTel Corporation, a Nevada Corporation, (“MFON”).
CONVERTIBLE SECURED PROMISSORY NOTE CONVERSION AGREEMENTConvertible Secured Promissory Note Conversion Agreement • June 20th, 2013 • Mobivity Holdings Corp. • Services-prepackaged software • New York
This CONVERTIBLE SECURED PROMISSORY NOTE CONVERSION AGREEMENT (this “Agreement”) is entered into and effective as of June 17, 2013 (the “Effective Date”) by and among the undersigned, each of whom have executed the Note Holder signature pages attached hereto as Annex A (each, a “Note Holder” and collectively, the “Note Holders”), and MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), with reference to the following facts:
Amendment No. 2 to Asset Purchase AgreementAsset Purchase Agreement • August 15th, 2011 • Commercetel Corp • Services-prepackaged software • California
Reference is made to the Asset Purchase Agreement, dated June 9, 2011, among CommerceTel Corporation, CommerceTel, Inc., Digimark, LLC and the Controlling Owner identified therein, as amended by Amendment No.1 thereto dated July 8, 2011 (the “Asset Purchase Agreement”). Capitalized terms used, but not defined, herein, have the respective meanings set forth in the Asset Purchase Agreement.
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT FACILITY AGREEMENT AND CONVERTIBLE NOTESMobivity Holdings Corp. • May 15th, 2023 • Services-prepackaged software • Arizona
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT FACILITY AND CONVERTIBLE NOTES is dated as of January 31, 2023 (this “Amendment”), between Mobivity Holdings Corp., a Nevada corporation (“Borrower”) and Thomas B. Akin, an individual (“Lender”) (each, a “Party” and together, the “Parties”).
