SUBSCRIPTION AGREEMENT FOR ACCREDITED INVESTORS FALCONSTOR SOFTWARE, INC.Subscription Agreement • October 11th, 2018 • Falconstor Software Inc • Services-prepackaged software
THE UNITS, INCLUDING THE SHARES OF SERIES A CONVERTIBLE PREFERRED STOCK AND FINANCING WARRANTS COMPRISING SUCH UNITS AND THE SHARES OF COMMON STOCK ISSUABLE UPON THE CONVERSION OR EXERCISE OF SUCH SECURITIES, AS APPLICABLE (THE “UNIT COMPONENTS”), OFFERED HEREBY HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). ANY SALE OF UNITS AND UNIT COMPONENTS IS MADE IN RELIANCE UPON EXEMPTIONS FROM REGISTRATION AND QUALIFICATION AS PROVIDED IN THE SECURITIES ACT AND APPLICABLE STATE LAW. THE UNITS AND UNIT COMPONENTS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND EXCHANGE COMMISSION, OR ANY STATE SECURITIES COMMISSION OR OTHER REGULATORY AUTHORITY, NOR HAS ANY AUTHORITY PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF THIS SUBSCRIPTION AGREEMENT. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.
ContractFalconstor Software Inc • October 11th, 2018 • Services-prepackaged software
The undersigned, desiring to become a party to the Amended and Restated Term Loan Credit Agreement (the “Amended and Restated Loan Agreement”) dated as of February 23, 2018, by and among FalconStor Software, Inc. as borrower, the other loan parties thereto as guarantors, the various financial institutions party thereto as lenders, and HCP-FVA, LLC as administrative agent, does hereby agree to all the terms and provisions of the Amended and Restated Loan Agreement, effective as of October 9, 2018. Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Amended and Restated Loan Agreement.
