WARRANT AGREEMENTWarrant Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
THIS WARRANT AGREEMENT (this “Agreement”), dated as of October 31, 2019, is by and between FinServ Acquisition Corp., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the “Warrant Agent”, also referred to herein as the “Transfer Agent”).
INVESTMENT MANAGEMENT TRUST AGREEMENTInvestment Management Trust Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
FinServ Acquisition Corp. New York, NY 10105Securities Subscription Agreement • September 5th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
This agreement (the “Agreement”) is entered into on August 9, 2019 by and between FinServ Holdings LLC, a Delaware limited liability company (the “Subscriber” or “you”), and FinServ Acquisition Corp., a Delaware corporation (the “Company”, “we” or “us”). Pursuant to the terms hereof, the Company hereby accepts the offer the Subscriber has made to purchase 5,750,000 shares of Class B common stock, $0.0001 par value per share (the “Shares”), up to 750,000 of which are subject to forfeiture by you if the underwriters of the initial public offering (“IPO”) of units (“Units”) of the Company, do not fully exercise their over-allotment option (the “Over-allotment Option”). The Company and the Subscriber’s agreements regarding such Shares are as follows:
FORM OF INDEMNITY AGREEMENTIndemnity Agreement • October 25th, 2019 • FinServ Acquisition Corp. • Blank checks • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of [______], 2019, by and between FinServ Acquisition Corporation, a Delaware corporation (the “Company”), and (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 31, 2019, is made and entered into by and between FinServ Acquisition Corp., a Delaware corporation (the “Company”) and FinServ Holdings LLC, a Delaware limited liability company (the “Sponsor,” together with any person or entity who hereafter becomes a party to this Agreement pursuant to Section 5.2 of this Agreement, a “Holder” and collectively the “Holders”).
October 31, 2019Underwriting Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks
This letter (this “Letter Agreement”) is being delivered to you in accordance with the Underwriting Agreement (the “Underwriting Agreement”) entered into by and among FinServ Acquisition Corp., a Delaware corporation (the “Company”), Barclays Capital Inc. and Cantor Fitzgerald & Co., as representatives (each, an “Representative” and collectively, the “Representatives”) of the several underwriters (each, an “Underwriter” and collectively, the “Underwriters”), relating to an underwritten initial public offering (the “Public Offering”), of 25,300,000 of the Company’s units (including up to 3,300,000 units that may be purchased to cover over-allotments, if any) (the “Units”), each comprised of one share of the Company’s Class A common stock, par value $0.0001 per share (the “Common Stock”), and one-half of one redeemable warrant. Each whole warrant (each, a “Warrant”) entitles the holder thereof to purchase one share of Common Stock at a price of $11.50 per share, subject to adjustment. Th
UNIT SUBSCRIPTION AGREEMENTUnit Subscription Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
This UNIT SUBSCRIPTION AGREEMENT (this “Agreement”) is made as of the 31st day of October 2019, by and between FinServ Acquisition Corp., a Delaware corporation (the “Company”), having its principal place of business at 1345 Avenue of the Americas, New Yok, NY 10105, and FinServ Holdings LLC, a Delaware limited liability company (the “Subscriber”), having its principal place of business at 1345 Avenue of the Americas, New Yok, NY 10105.
UNDERWRITING AGREEMENTUnderwriting Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
Barclays Capital Inc. Cantor Fitzgerald & Co. As Representatives of the several Underwriters named in Schedule I attached hereto,
INDEMNIFICATION AGREEMENTIndemnification Agreement • June 15th, 2021 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • Delaware
This Indemnification Agreement (this “Agreement”) is made as of ______, 20__, by and between Katapult Holdings, Inc., a Delaware corporation (the “Corporation”), and [●] (“Indemnitee”). Capitalized terms used, but not otherwise defined herein, shall have the meanings set forth in Section 1.
Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private or confidential....Loan and Security Agreement • May 11th, 2023 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Fifteenth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 6th day of March, 2023, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) KATAPULT HOLDINGS, INC., a Delaware corporation (“Parent Entity”), (d) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (d) each of the Lenders party hereto.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 1st, 2023 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • Delaware
This Amended and Restated Employment Agreement (this “Agreement”), dated as of February 27, 2023, (the “Effective Date”) is made by and between Katapult Holdings, Inc., a Delaware corporation (“Parent”), Katapult Group, Inc., a wholly-owned subsidiary of Parent and a Delaware corporation (the “Company”), and Nancy Walsh (“Executive”).
EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Eighth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 28th day of September, 2020, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (d) each of the Lenders party hereto.
FORM OF AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 15th, 2021 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • New York
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of June 9, 2021, is made and entered into by and between FinServ Acquisition Corp., a Delaware corporation (the “Company”) and FinServ Holdings LLC, a Delaware limited liability company (the “Sponsor,”), the undersigned parties listed under “Existing Holders” on the signature pages hereto (each such party, together with the Sponsor and any person or entity deemed an “Existing Holder,” an “Existing Holder” and collectively, the “Existing Holders”) and the undersigned parties listed under New Holders on the signature pages hereto, (each such party, together with any person or entity deemed a “New Holder” who hereafter becomes a party to this Agreement pursuant to Section 5.2 of this Agreement, including the Curo Holders, a “New Holder” and collectively the “New Holders”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings ascribed thereto in the Merger Agreement (a
FinServ Acquisition Corp.Administrative Support Agreement • November 6th, 2019 • FinServ Acquisition Corp. • Blank checks • New York
This letter agreement by and between FinServ Acquisition Corp. (the “Company”) and FinServ Holdings LLC (the “Sponsor”), dated as of the date hereof, will confirm our agreement that, commencing on the date the securities of the Company are first listed on The Nasdaq Capital Market (the “Listing Date”), pursuant to a Registration Statement on Form S-1 and prospectus filed with the U.S. Securities and Exchange Commission (the “Registration Statement”) and continuing until the earlier of the consummation by the Company of an initial business combination or the Company’s liquidation (in each case as described in the Registration Statement) (such earlier date hereinafter referred to as the “Termination Date”):
SPONSOR AGREEMENTSponsor Agreement • December 21st, 2020 • FinServ Acquisition Corp. • Blank checks
This SPONSOR AGREEMENT (this “Agreement”), dated as of December 18, 2020, is made by and among FinServ Holdings LLC, a Delaware limited liability company (the “Class B Holder”), FinServ Acquisition Corp., a Delaware Corporation (“Acquiror”), Katapult Holdings, Inc., a Delaware corporation (the “Company”), and certain undersigned individuals, each of whom is a member of Acquiror’s board of directors and/or management team of Acquiror (“Insiders”) solely with respect to Section 5. The Class B Holder, Acquiror and the Company shall be referred to herein from time to time collectively as the “Parties”. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Merger Agreement (as defined below).
AGREEMENT AND PLAN OF MERGER BY AND AMONG FINSERV ACQUISITION CORP., KEYS MERGER SUB 1, INC., KEYS MERGER SUB 2, LLC, KATAPULT HOLDINGS, INC. AND, IN HIS CAPACITY AS THE HOLDER REPRESENTATIVE, Orlando Zayas DATED AS OF DECEMBER 18, 2020Merger Agreement • December 21st, 2020 • FinServ Acquisition Corp. • Blank checks • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 18, 2020, is made by and among FinServ Acquisition Corp., a Delaware corporation (“Acquiror”), Keys Merger Sub 1, Inc., a Delaware corporation, a wholly-owned Subsidiary of Acquiror (“Merger Sub 1”), Keys Merger Sub 1, LLC, a Delaware limited liability, a wholly-owned Subsidiary of Acquiror (“Merger Sub 2” and together with Merger Sub 1, the “Merger Subs”), Katapult Holdings, Inc., a Delaware corporation (the “Company”), and Orlando Zayas, in his capacity as the representative of all Pre-Closing Holders (the “Holder Representative”). Acquiror, Merger Sub 1, Merger Sub 2, the Company and the Holder Representative shall be referred to herein from time to time collectively as the “Parties”. Capitalized terms used but not otherwise defined herein have the meanings set forth in Section 1.1.
THIRTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Thirteenth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 14th day of March, 2022, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) KATAPULT HOLDINGS, INC., a Delaware corporation (“Parent Entity”), (d) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (d) each of the Lenders party hereto.
FORM OF VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • December 21st, 2020 • FinServ Acquisition Corp. • Blank checks
This VOTING AND SUPPORT AGREEMENT (this “Agreement”) is entered into as of December 18, 2020, by and between FinServ Acquisition Corp., a Delaware corporation (“Acquiror”), Katapult Holdings, Inc., a Delaware corporation (the “Company”) and [__] (the “Stockholder”). Each of Acquiror, the Company and Stockholder (and if applicable, his or her Spouse (defined below)) are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. Capitalized terms used herein without being otherwise defined herein shall have the meanings assigned thereto in the Merger Agreement (defined below).
INDEMNITY GUARANTYIndemnity Guaranty • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • New York
THIS INDEMNITY GUARANTY (this “Guaranty”) is executed as of May 14 2019, by COGNICAL, INC., a Delaware corporation (“Holdings”) and COGNICAL HOLDINGS, INC., a Delaware corporation (“Parent Entity” and, together with Holdings, the “Guarantors” and each, individually, a (“Guarantor”), for the benefit of MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company having an address at 780 Third Avenue, 27th Floor, New York, New York in its capacity as agent for itself as a Lender and the Lenders (as defined below) (in such capacity, the “Agent”).
LOCK-UP AGREEMENTLock-Up Agreement • June 15th, 2021 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • Delaware
This letter (this “Lock-Up Agreement”) is being delivered to you in connection with that certain Agreement and Plan of Merger (the “Merger Agreement”) entered into by and among FinServ Acquisition Corp., a Delaware corporation (“FinServ”), Keys Merger Sub 1, Inc., a Delaware corporation and wholly owned subsidiary of FinServ (“Merger Sub 1”), Keys Merger Sub 2, LLC, a Delaware limited liability company and wholly owned subsidiary of FinServ (“Merger Sub 2”), Katapult Holdings, Inc., a Delaware corporation (“Katapult”), and Orlando Zayas, in his capacity as the representative of all Pre-Closing Holders (as defined in the Merger Agreement), pursuant to which Merger Sub 1 will merge with and into Katapult, with Katapult surviving the merger as a wholly owned subsidiary of FinServ (the “First Merger”), followed immediately by the merger of the resulting company with and into Merger Sub 2, with Merger Sub 2 surviving the merger as a wholly owned subsidiary of FinServ (the “Second Merger” an
PLEDGE AGREEMENTPledge Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • New York
THIS PLEDGE AGREEMENT (this “Agreement”) dated as of May 14, 2019, is executed by COGNICAL, INC., a Delaware corporation (“Pledgor”), in favor of MIDTOWN MADISON MANAGEMENT, LLC, a Delaware limited liability company, as administrative, payment and collateral agent for itself, as a Lender and for the other Lenders (in such capacities, together with its successors and assigns “Agent”).
KATAPULT HOLDINGS, INC. RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
As reflected by your Restricted Stock Unit Grant Notice (“Grant Notice”), Katapult Holdings, Inc. (the “Company”) has granted you an RSU Award under the Company’s 2021 Equity Incentive Plan (the “Plan”) for the number of restricted stock units as indicated in your Grant Notice (the “RSU Award”). The terms of your RSU Award as specified in this Restricted Stock Unit Agreement (the “Agreement”) and the Grant Notice constitute your “RSU Grant Package”. Defined terms not explicitly defined in this Agreement but defined in the Grant Notice or the Plan shall have the same definitions as in the Grant Notice or Plan, as applicable.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 24th, 2024 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This First Amendment (“First Amendment”) to the Employment Agreement dated February 22, 2023, is made and entered into this 21st day of May, 2024, by and between Katapult Holdings, Inc., a Delaware corporation (“Parent”), Katapult Group, Inc., a wholly-owned subsidiary of Parent and a Delaware corporation (the “Company”), and Nancy Walsh (“Executive”).
Separation Agreement and General Release of ClaimsSeparation Agreement • March 9th, 2023 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Separation Agreement and General Release Agreement (the “Agreement”) is made by and between Katapult Holdings, Inc., a Delaware corporation (“Parent”), Katapult Group, Inc., a wholly-owned subsidiary of Parent and a Delaware corporation (the “Company”), and Karissa Long (Cupito) (“you”). Capitalized terms not defined herein shall have the meanings ascribed to them in the Employment Agreement (as defined below).
WARRANT TO PURCHASE STOCKWarrant Agreement • March 9th, 2023 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • Delaware
THIS WARRANT CERTIFIES THAT, for good and valuable consideration, MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, or its assignees (“Holder”), is entitled to purchase up to 4,000,000 (the “Maximum Warrant Shares”) fully paid and non-assessable shares (the “Shares”) of the common stock, par value $0.0001 per share (“Common Stock”), of Katapult Holdings, Inc., a Delaware corporation (the “Company”), at the Warrant Price of $0.01 per Share, as the same may be adjusted from time to time pursuant to Article 2 of this Warrant (the “Warrant Price”), subject to the provisions and upon the terms and conditions set forth in this Warrant. This Warrant is issued in connection with the Fifteenth Amendment to that certain Loan and Security Agreement, dated as of the date hereof, by and among Katapult SPV-1 LLC, Katapult Group, Inc., the Company, the Holder, as Agent, and the lenders parties thereto from to time as lenders (as amended, the “Loan Agreement”).
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Fifth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 3rd day of April, 2020 and effective as of March 31, 2020, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”), (d) each of the Lenders party hereto.
SUBSCRIPTION AGREEMENTSubscription Agreement • December 21st, 2020 • FinServ Acquisition Corp. • Blank checks • New York
This Subscription Agreement (this “Subscription Agreement”) is being entered into as of the date set forth on the signature page hereto, by and between FinServ Acquisition Corp., a Delaware corporation (“FinServ”), and the undersigned subscriber (the “Investor”), in connection with the Agreement and Plan of Merger, dated as of the date hereof (as may be amended, supplemented or otherwise modified from time to time, the “Transaction Agreement”), by and among FinServ, Katapult Holdings, Inc., a Delaware corporation (the “Company”), Keys Merger Sub 1, Inc., a Delaware corporation (“Merger Sub 1”), Keys Merger Sub 2, LLC, a Delaware limited liability company (“Merger Sub 2”) and the other parties signatory thereto, pursuant to which, among other things, Merger Sub 1 will merge with and into the Company, with the Company as the surviving company in the merger and, after giving effect to such merger, becoming a subsidiary of FinServ, which will then merge with and into Merger Sub 2, with Mer
CORPORATE GUARANTY AND SECURITY AGREEMENTCorporate Guaranty and Security Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This CORPORATE GUARANTY AND SECURITY AGREEMENT, dated as of December 4, 2020 (this “Guaranty”) is made by each of KATAPULT GROUP, INC., a Delaware corporation and KATAPULT HOLDINGS, INC., a Delaware corporation (collectively, “Guarantor”), in favor of MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, in its capacity as administrative, payment and collateral agent for itself and each of the other financial institutions from time to party to the hereinafter defined Loan Agreement as Lenders (“Lenders”) (in such capacities, “Agent”) for the benefit of itself and each Lender.
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Third Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 20th day of November, 2019, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) COGNICAL, INC., a Delaware corporation (“Holdings”), (c) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”), (d) each of the Lenders party hereto.
SEVENTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 26th, 2024 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Seventeenth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 20th day of November, 2024, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) KATAPULT HOLDINGS, INC., a Delaware corporation (“Parent Entity”), (d) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (e) each of the Lenders party hereto.
FORM OF LETTER OF TRANSMITTALMerger Agreement • May 5th, 2021 • FinServ Acquisition Corp. • Services-equipment rental & leasing, nec
You are receiving this Letter of Transmittal in connection with that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of December 18, 2020, by and among FinServ Acquisition Corp., a Delaware corporation (the “Acquiror”), Keys Merger Sub 1, Inc., a Delaware corporation (“Merger Sub 1”), Keys Merger Sub 2, LLC, a Delaware limited liability company (“Merger Sub 2” and, together with Merger Sub 1, the “Merger Subs”), Katapult Holdings, Inc., a Delaware corporation (the “Company”), and Orlando Zayas, in his capacity as the representative of all Pre-Closing Holders (as defined in the Merger Agreement) (the “Holder Representative”). Pursuant to the terms of the Merger Agreement, at the closing of the transactions contemplated by the Merger Agreement, Merger Sub 1 will merge with and into the Company with the Company surviving as the surviving corporation and a wholly owned subsidiary of Acquiror (the “First Merger”), followed immediately by the merger of the resulting c
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 15th, 2022 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 8th day of November, 2019, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) COGNICAL, INC., a Delaware corporation (“Holdings”), (c) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”), (d) each of the Lenders party hereto.
Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private or confidential....Loan and Security Agreement • April 24th, 2024 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec
This Limited Waiver and Sixteenth Amendment to Loan and Security Agreement (this “Agreement”) is entered into this 23rd day of April, 2024, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) KATAPULT HOLDINGS, INC., a Delaware corporation (“Parent Entity”), (d) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (e) each of the Lenders party hereto.
TENTH AMENDMENT AND JOINDER TO LOAN AND SECURITY AGREEMENT AND CONSENTLoan and Security Agreement • April 2nd, 2021 • FinServ Acquisition Corp. • Services-equipment rental & leasing, nec
This Tenth Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 13th day of January, 2021, by and among (a) KATAPULT SPV-1 LLC, a Delaware limited liability company (“Borrower”), (b) KATAPULT GROUP, INC., a Delaware corporation (“Holdings”), (c) KATAPULT HOLDINGS, INC., a Delaware corporation (“Parent Entity”), (d) MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative, payment and collateral agent for each of the Lenders (in such capacities, “Agent”) and (d) each of the Lenders party hereto.
Incentive Stock Option Agreement under the Cognical Holdings, Inc. 2014 Stock Incentive PlanIncentive Stock Option Agreement • August 16th, 2021 • Katapult Holdings, Inc. • Services-equipment rental & leasing, nec • Delaware
Pursuant to the Cognical Holdings, Inc. 2014 Stock Incentive Plan (the “Plan”), Cognical Holdings, Inc., a Delaware corporation (together with all successors thereto, the “Company”), hereby grants to the Optionee, who is an employee of the Company or any of its Subsidiaries, an Option to purchase, on or prior to the Expiration Date (or such earlier date as provided in Section 3 below), all or any part of the number of shares of Common Stock of the Company indicated above (the “Underlying Shares,” with such shares once issued being referred to herein and in the Plan as “Option Shares”) at the Option Exercise Price per share indicated above.
