Execution Version EXCHANGE AGREEMENTExchange Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionThis EXCHANGE AGREEMENT (this “Agreement”) is made as of November 10, 2017, by and among TheStreet, Inc., a Delaware corporation (the “Company”), TCV VI, L.P., a Delaware limited partnership (“TCV VI”), and TCV Member Fund, L.P., a Cayman Islands exempted limited partnership (“TCV Member Fund” and, together with TCV VI, the “TCV Holders”). The Company and the TCV Holders are referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Investor Rights Agreement, dated as of November 15, 2007, by and among the Company and the TCV Holders (the “Investor Rights Agreement”) and the Certificate of Designation, Preferences and Rights of the Series B Preferred Stock of the Company dated as of November 15, 2007 (the “Certificate of Designation”), as applicable.
EXCHANGE AGREEMENTExchange Agreement • November 13th, 2017 • Thestreet, Inc. • Newspapers: publishing or publishing & printing • New York
Contract Type FiledNovember 13th, 2017 Company Industry JurisdictionThis EXCHANGE AGREEMENT (this “Agreement”) is made as of November 10, 2017, by and among TheStreet, Inc., a Delaware corporation (the “Company”), TCV VI, L.P., a Delaware limited partnership (“TCV VI”), and TCV Member Fund, L.P., a Cayman Islands exempted limited partnership (“TCV Member Fund” and, together with TCV VI, the “TCV Holders”). The Company and the TCV Holders are referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Investor Rights Agreement, dated as of November 15, 2007, by and among the Company and the TCV Holders (the “Investor Rights Agreement”) and the Certificate of Designation, Preferences and Rights of the Series B Preferred Stock of the Company dated as of November 15, 2007 (the “Certificate of Designation”), as applicable.