SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 7th, 2019 • Glowpoint, Inc. • Telephone communications (no radiotelephone) • Delaware
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of October 1, 2019 (the “Effective Date”) by and among SILICON VALLEY BANK, a California corporation (“Bank”), GLOWPOINT, INC., a Delaware corporation (“Parent”), and OBLONG INDUSTRIES, INC., a Delaware corporation (“Oblong” and together with Parent, individually and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ContractWarrant Agreement • October 7th, 2019 • Glowpoint, Inc. • Telephone communications (no radiotelephone) • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
GLOWPOINT, INC. REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 7th, 2019 • Glowpoint, Inc. • Telephone communications (no radiotelephone) • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), is made as of the 1st day of October, 2019, by and among Glowpoint, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor”.
GLOWPOINT, INC. SERIES E PREFERRED STOCK PURCHASE AGREEMENTSeries E Preferred Stock Purchase Agreement • October 7th, 2019 • Glowpoint, Inc. • Telephone communications (no radiotelephone) • Delaware
THIS SERIES E PREFERRED STOCK PURCHASE AGREEMENT (this “Agreement”), is made as of the 1st day of October, 2019 by and among Glowpoint, Inc., a Delaware corporation (the “Company”), and the investors listed on Exhibit A attached to this Agreement (each a “Purchaser” and together the “Purchasers”).
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 7th, 2019 • Glowpoint, Inc. • Telephone communications (no radiotelephone)
This AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of October 1, 2019 (as amended, supplemented or otherwise modified from time to time, and together with all annexes hereto, this “Amendment”), is entered into by and among Glowpoint, Inc., a Delaware corporation (the “Parent”), Oblong Industries, Inc., a Delaware corporation (the “Company”), and Glowpoint Merger Sub II, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (the “Merger Sub”). The Parent, Company and Merger Sub are each referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meaning set forth in the Agreement (as defined below).
