AvidXchange Holdings, Inc. Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • October 1st, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Delaware

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of ________, 2021 between AvidXchange Holdings, Inc., a Delaware corporation (the “Company”), and __________ (“Indemnitee”).

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AvidXchange Holdings, Inc. Common Stock, par value $0.001 per share Underwriting Agreement
Underwriting Agreement • October 4th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York

AvidXchange Holdings, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as Representatives, an aggregate of [***] shares and, at the election of the Underwriters, up to [***] additional shares of common stock, par value $0.001 per share (“Stock”), of the Company. The aggregate of [***] shares to be sold by the Company is herein called the “Firm Shares” and the aggregate of [***] additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.

AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT among AVIDXCHANGE, INC. AFV COMMERCE, INC. AND THE OTHER DOMESTIC SUBSIDIARY BORROWERS THAT MAY BECOME PARTIES HERETO as Borrowers THE LENDERS NAMED HEREIN as Lenders and KEYBANK NATIONAL ASSOCIATION...
Credit and Security Agreement • August 9th, 2024 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York

This AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is dated August 8, 2024 among:

EMPLOYMENT AGREEMENT
Employment Agreement • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • North Carolina

THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into by and between Joel Wilhite (“Executive”) and AvidXchange, Inc. (the “Company”) as of August 26, 2021. Executive and the Company are collectively referred to as the “Parties” or individually as a “Party”.

CREDIT AND SECURITY AGREEMENT among AVIDXCHANGE, INC. AND THE OTHER DOMESTIC SUBSIDIARY BORROWERS THAT MAY BECOME PARTIES HERETO as Borrowers THE LENDERS NAMED HEREIN as Lenders and KEYBANK NATIONAL ASSOCIATION as Administrative Agent and Issuing...
Credit and Security Agreement • January 4th, 2023 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York

This CREDIT AND SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is dated December 29, 2022 among:

Pursuant to 17 CFR 229.601, certain identified information marked “[**]” has been excluded from this exhibit because it is both (i) not material and (ii) is the type the registrant treats as private and confidential and would be competitively harmful...
Comdata Mastercard Corporate Virtual Card Agreement • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Tennessee

This Comdata MasterCard Corporate Card Agreement is made and entered into by and between Comdata Inc. (“Comdata”) and the Customer named below relating to the establishment of MasterCard account(s) with Comdata pursuant to the terms and conditions set forth herein. This Agreement consists of (i) this Cover Page, (ii) the General Terms and Conditions attached hereto, and (iii) any Service Schedules attached hereto (collectively, the “Agreement”).

CREDIT AND GUARANTY AGREEMENT dated as of October 1, 2019 among AVIDXCHANGE HOLDINGS, INC. AVIDXCHANGE, INC., AVIDXCHANGE FINANCIAL SERVICES, INC., PIRACLE, INC., STRONGROOM SOLUTIONS, INC., ARIETT BUSINESS SOLUTIONS, INC., AFV HOLDINGS ONE, INC., BTS...
Credit and Guaranty Agreement • October 4th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York

This CREDIT AND GUARANTY AGREEMENT, dated as of October 1, 2019, is entered into by and among AVIDXCHANGE HOLDINGS, INC., a Delaware corporation (“Holdings”), AVIDXCHANGE, INC., a Delaware corporation (“Parent”), AVIDXCHANGE FINANCIAL SERVICES, INC., a Delaware corporation (“AFS”), PIRACLE, INC., a Utah corporation (“Piracle”), STRONGROOM SOLUTIONS, INC., a Texas corporation (“Strongroom”), ARIETT BUSINESS SOLUTIONS, INC., a Massachusetts corporation (“Ariett”), AFV HOLDINGS ONE, INC., a North Carolina corporation (“AFV”), BTS ALLIANCE, LLC, a Delaware limited liability company (“BankTEL”), AFV HOLDINGS II, LLC, a North Carolina limited liability company (“AFV II”), and CORE ASSOCIATES, LLC, a Delaware limited liability company (“CORE”), OAK HC/FT FPP BLOCKER CORP., a Delaware corporation (“OAK”), AO HOLDING CO., a Delaware corporation (“AO Holding”), FP SERVICES INC., a Delaware corporation (“FP Services”), FASTPAY PAYMENT TECHNOLOGIES, INC., a Delaware corporation (“FastPay”), FPP EN

FIRST AMENDMENT AGREEMENT
First Amendment Agreement • March 1st, 2023 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
PLEDGE AND SECURITY AGREEMENT dated as of October 1, 2019 between EACH OF THE GRANTORS PARTY HERETO and TPG SPECIALTY LENDING, INC., as Collateral Agent
Pledge and Security Agreement • October 1st, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York

This PLEDGE AND SECURITY AGREEMENT, dated as of October 1, 2019 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between EACH OF THE UNDERSIGNED, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (each, a “Grantor”), and TPG SPECIALTY LENDING, INC., as collateral agent for the Secured Parties (as herein defined) (in such capacity as collateral agent, together with its successors and assigns in such capacity, the “Collateral Agent”).

SECOND AMENDMENT AGREEMENT
Credit Agreement • February 29th, 2024 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
AVIDXCHANGE, INC. EIGHTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT
Investor Rights Agreement • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Delaware

This Eighth Amended and Restated Investor Rights Agreement (the “Agreement”) is entered into as of July 9, 2021, by and among AvidXchange, Inc., a Delaware corporation (the “Company”), the holders of the Company’s Series A Convertible Preferred Stock (the “Series A Stock”) listed on Exhibit A with the Company’s copy of this Agreement (each individually a “Series A Holder” and, collectively, the “Series A Holders”), the holders of the Company’s Series B Convertible Preferred Stock (the “Series B Stock”) listed on Exhibit B with the Company’s copy of this Agreement (each individually a “Series B Holder” and, collectively, the “Series B Holders”), the holders of the Company’s Series C Convertible Preferred Stock (the “Series C Stock”) listed on Exhibit C with the Company’s copy of this Agreement (each individually a “Series C Holder” and, collectively, the “Series C Holders”), the holders of the Company’s Series D Convertible Preferred Stock (the “Series D Stock”) listed on Exhibit D with

AGREEMENT AND PLAN OF MERGER AMONG AVIDXCHANGE HOLDINGS, INC. AVIDXCHANGE HOLDINGS MERGER SUB, INC. AND AVIDXCHANGE, INC.
Merger Agreement • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 4, 2021, is made by and among AvidXchange, Inc., a Delaware corporation (the “Company”), AvidXchange Holdings, Inc., a Delaware corporation (“Parent”), and AvidXchange Holdings Merger Sub, Inc., a Delaware corporation (“Buyer”).

LEASE AGREEMENT Dated as of October __, 2015 By and Between LEX CHARLOTTE AXC L.P. and AVIDXCHANGE, INC.
Lease Agreement • October 1st, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software

THIS LEASE AGREEMENT (this “Lease”) is dated as of October 27, 2015 (“Effective Date”), by and between LEX CHARLOTTE AXC L.P. (“Landlord”), and AVIDXCHANGE, INC. (“Tenant”; Landlord and Tenant are together, the “Parties” and individually a “Party”).

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