FIRST AMENDMENT TO PRIMARY COMMON STOCK PURCHASE WARRANTPrimary Common Stock Purchase Warrant • April 21st, 2017 • Veritone, Inc. • Services-computer processing & data preparation • Delaware
Contract Type FiledApril 21st, 2017 Company Industry JurisdictionThis First Amendment (this “Amendment”), dated as of March 14, 2017 (the “Effective Date”), amends that certain Primary Common Stock Purchase Warrant, dated August 15, 2016 (the “Primary Warrant”), by and between Veritone, Inc., a Delaware corporation (“Company”) and Acacia Research Corporation, the holder of the Primary Warrant (“Holder”). All capitalized terms used in this Amendment but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Primary Warrant.
PRIMARY COMMON STOCK PURCHASE WARRANT VERITONE, INC.Primary Common Stock Purchase Warrant • March 15th, 2017 • Veritone, Inc. • Services-computer processing & data preparation
Contract Type FiledMarch 15th, 2017 Company IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Veritone, Inc., a Delaware corporation (the “Company”), hereby grants to Acacia Research Corporation, a Delaware Corporation (the “Holder”), subject to the terms and conditions set forth herein, the right to purchase up to a number of shares of common stock, par value $0.001 per share, of the Company (the “Common Stock”) equal to the quotient that results from dividing the Warrant Amount by the then applicable Exercise Price (as defined in Section 3(b)) (the “Warrant Shares”). The “Warrant Amount” means Fifty Million Dollars ($50,000,000) less all Convertible Amount(s) (i) then outstanding under the Secured Promissory Note (as defined below), (ii) repaid by the Company at any time following a Next Equity Financing, or (iii) previously converted into Conversion Shares as of the time of any Exercise, as adjusted from to time to time pursuant to the terms and conditions hereof. At the time of any exerci