cbdMD, Inc.
Exhibit 10.20
0000 Xxx Xxx Xxxx, Xxxxxxxxx, XX 00000
March 10, 2023
Keystone Capital Partners, LLC
000 Xxxxxx Xxxxxx, Xxxxx 000
Xxx Xxxx, XX 00000
Attention: Xxxxxxx X. Xxxxx
Xx. Xxxxx:
This Side Letter Agreement amends and restates the Side Letter Agreement dated March 3, 2023. Reference is hereby made to that certain Common Stock Purchase Agreement made and entered into as of February 26, 2023 (this “Agreement”), by and among Keystone Capital Partners, LLC and cbdMD, Inc. Subject to the terms and conditions of the Agreement, the parties acknowledge that for purposes of the Agreement, the NYSE American is defined as “NYSE”. Furthermore, each reference to “at market” under the Agreement is defined under applicable NYSE American rules as the greater of book or market value of the Common Stock of the Company.
The undersigned hereby execute and deliver this Agreement as of the date first set forth above. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
Sincerely,
By: /s/ X. Xxxxx Xxxxxxx
X. Xxxxx Xxxxxxx, Chief Financial Officer
Acknowledged and agreed:
Keystone Capital Partners, LLC
By: /s/ Xxxxxxxx X. Xxxxx
Name: Xxxxxxxx X. Xxxxx
Title: CIO
