COMMON STOCK PURCHASE WARRANT SMITH MICRO SOFTWARE, INC.Common Stock Purchase Warrant • October 3rd, 2024 • Smith Micro Software, Inc. • Services-prepackaged software
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time after the six (6) month anniversary of the Issue Date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on April 2, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Smith Micro Software, Inc., a Delaware corporation (the “Company”), up to ___________ (______) shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock of the Company, par value $0.001 per share, (the “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).
SIXTH AMENDMENT TO LEASE ------------------------Lease Agreement • March 30th, 1998 • Smith Micro Software Inc • Services-prepackaged software
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 7th, 2018 • Smith Micro Software, Inc • Services-prepackaged software
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 7, 2018, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
Exhibit 10.21 AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 31st, 1997 • Smith Micro Software Inc • Services-prepackaged software
COMMON STOCK PURCHASE WARRANTSecurity Agreement • November 7th, 2018 • Smith Micro Software, Inc • Services-prepackaged software
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 November 7, 2018 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on November 7, 2023 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Smith Micro Software, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, 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).
EXHIBIT 2.1 ALLUME SYSTEMS, INC. STOCK PURCHASE AGREEMENTStock Purchase Agreement • July 5th, 2005 • Smith Micro Software Inc • Services-prepackaged software • California
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 7th, 2018 • Smith Micro Software, Inc • Services-prepackaged software • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 7, 2018, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
BY AND AMONGMerger Agreement • April 7th, 2006 • Smith Micro Software Inc • Services-prepackaged software • California
1 EXHIBIT 99.2 SMITH MICRO SOFTWARE, INC. STOCK OPTION AGREEMENT RECITALS A. The Board has adopted the Plan for the purpose of retaining the services of selected Employees, non-employee members of the Board or the board of directors of any Parent or...Stock Option Agreement • June 26th, 2000 • Smith Micro Software Inc • Services-prepackaged software • California
BY AND AMONGAsset Purchase Agreement • February 13th, 2007 • Smith Micro Software Inc • Services-prepackaged software • California
PRE-FUNDED COMMON STOCK PURCHASE WARRANT SMITH MICRO SOFTWARE, INC.Pre-Funded Common Stock Purchase Warrant • May 14th, 2024 • Smith Micro Software, Inc. • Services-prepackaged software • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Smith Micro Software, Inc. a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock of the Company, par value $0.001 per share, (the “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).
COMMON STOCK PURCHASE WARRANT SMITH MICRO SOFTWARE, INC.Common Stock Purchase Warrant • October 3rd, 2024 • Smith Micro Software, Inc. • Services-prepackaged software
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time after the six (6) month anniversary of the Issue Date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on April 2, 2030 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Smith Micro Software, Inc., a Delaware corporation (the “Company”), up to _________________ (_______) shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock of the Company, par value $0.001 per share, (the “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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August 11, 2022, is by and among Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 11, 2022, is by and among Smith Micro Software, Inc., a Delaware corporation (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
EXHIBIT 2Stock Purchase Agreement • April 23rd, 1999 • Smith Micro Software Inc • Services-prepackaged software • Delaware
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • May 14th, 2024 • Smith Micro Software, Inc. • Services-prepackaged software • New York
EXHIBIT 99.7 SMITH MICRO SOFTWARE, INC. STOCK ISSUANCE AGREEMENT AGREEMENT made as of this __ day of _________ 19_ , by and between Smith Micro Software, Inc., a Delaware corporation and _______________________, a Participant in the Corporation's 1995...Stock Issuance Agreement • June 26th, 2000 • Smith Micro Software Inc • Services-prepackaged software • California
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • May 17th, 2017 • Smith Micro Software Inc • Services-prepackaged software • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (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 November 18, 2017 (the “Initial Exercise Date”) and on or prior to the close of business on May 16, 2022 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Smith Micro Software, Inc., a Delaware corporation (the “Company”), up to ___________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock (“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).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 7th, 2016 • Smith Micro Software Inc • Services-prepackaged software
This Registration Rights Agreement (this “Agreement”) is made and entered into as of September 6, 2016, by and among Smith Micro Software, Inc., a Delaware corporation (the “Company”), and the purchasers signatory hereto (each, a “Purchaser” and collectively, the “Purchasers”). This Agreement is made pursuant to the Note and Warrant Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers (the “Purchase Agreement”).
AUTOMATIC OPTION GRANT PROGRAM SMITH MICRO SOFTWARE, INC. STOCK PURCHASE AGREEMENT AGREEMENT made as of this ____ day of __________19____, by and between Smith Micro Software, Inc., a Delaware corporation, and _________________________, Optionee under...Stock Purchase Agreement • June 26th, 2000 • Smith Micro Software Inc • Services-prepackaged software • California
1 EXHIBIT 99.3 SMITH MICRO SOFTWARE, INC. AUTOMATIC STOCK OPTION AGREEMENT RECITALS A. The Board has adopted the Plan pursuant to which eligible non- employee members of the Board will automatically receive special option grants at periodic intervals...Automatic Stock Option Agreement • June 26th, 2000 • Smith Micro Software Inc • Services-prepackaged software • California
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 11, 2022, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and the purchaser identified on the signature pages hereto (including its successors and assigns, the “Purchaser”).
BY AND AMONGMerger Agreement • February 6th, 2007 • Smith Micro Software Inc • Services-prepackaged software • Delaware
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 14th, 2024 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 10, 2024, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
PREFERRED SHARES RIGHTS AGREEMENT Dated as of October 16, 2015 by and between SMITH MICRO SOFTWARE, INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Rights AgentPreferred Shares Rights Agreement • October 16th, 2015 • Smith Micro Software Inc • Services-prepackaged software • New York
SMITH MICRO SOFTWARE, INC. 4,500,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • December 14th, 2006 • Smith Micro Software Inc • Services-prepackaged software • New York
UBS Securities LLC C.E. Unterberg, Towbin, LLC Needham & Company, LLC Merriman Curhan Ford & Co. ThinkEquity Partners LLC As Representatives of the several Underwriters listed in Schedule 1 hereto
SMITH MICRO SOFTWARE, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • March 15th, 2021 • Smith Micro Software, Inc. • Services-prepackaged software • New York
1 EXHIBIT 10.21 SMITH MICRO SOFTWARE, INC. AMENDED AND RESTATED SOFTWARE LICENSING AND DISTRIBUTION AGREEMENT THIS AMENDED AND RESTATED SOFTWARE LICENSING AND DISTRIBUTION AGREEMENT, including Appendices A, B, and C attached hereto (hereinafter the...Software Licensing and Distribution Agreement • November 14th, 1996 • Smith Micro Software Inc • Services-prepackaged software • Illinois
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • August 20th, 2014 • Smith Micro Software Inc • Services-prepackaged software • New York
CREDIT AGREEMENTCredit Agreement • April 5th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • Pennsylvania
THIS CREDIT AGREEMENT (this "Agreement") dated March 31, 2022, is by and between SMITH MICRO SOFTWARE, INC., a Delaware corporation and SMITH MICRO SOFTWARE, LLC, a Delaware limited liability company (each individually, a “Borrower”) and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank"). Each reference herein to “Borrower” shall mean each and every party, collectively and individually, defined above as a Borrower.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 3rd, 2024 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 1, 2024, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
EXHIBIT 10.1 CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN REDACTED PROVISIONS OF THIS AGREEMENT. THE REDACTED PROVISIONS ARE IDENTIFIED BY AN ASTERISK AND ENCLOSED BY BRACKETS. tHE CONFIDENTIAL PORTIONS HAVE BEEN FILED SEPARATELY WITH THE...Master Software License and Distribution Agreement • August 14th, 2003 • Smith Micro Software Inc • Services-prepackaged software • New York
Amendment No. 9 to the Master Software License and Distribution Agreement (Contract No. 220-00-0134) between Verizon Corporate Services Group Inc. and Smith Micro Software, Inc.Master Software License and Distribution Agreement • April 28th, 2010 • Smith Micro Software Inc • Services-prepackaged software
This Amendment No. 9 (“Amendment”) amends the Master Software License and Distribution Agreement (“Agreement”) between Verizon Corporate Services Group Inc., a New York corporation (“Verizon”) on behalf of itself and for the benefit of its Affiliates, and Smith Micro Software, Inc. (“SMSI”). This Amendment shall be effective as of October 30, 2009 (the “Effective Date”), unless terminated in accordance with the Agreement (Termination).
GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
GUARANTY AND SECURITY AGREEMENT, dated as of August 11, 2022 (this “Agreement”), made by SMITH MICRO SOFTWARE, INC., a Delaware corporation (the “Company”), SMITH MICRO SOFTWARE, LLC a Delaware limited liability company and each of the undersigned direct and indirect domestic Subsidiaries of the Company from time to time, if any (each a “Grantor” and together with the Company, collectively, the “Grantors”), in favor of IROQUOIS CAPITAL MANAGEMENT, LLC, in its capacity as collateral agent (in such capacity, the “Collateral Agent”) for the Noteholders (as defined below) party to the Securities Purchase Agreement, dated as of August 11, 2022 (as amended, modified, supplemented, extended, renewed, restated or replaced from time to time, the “Securities Purchase Agreement”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 3rd, 2024 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 1, 2024, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
