ContractPreferred Stock Purchase Warrant • August 21st, 2014 • On Deck Capital Inc • Finance services • New York
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.
WARRANT TO PURCHASE COMMON STOCK OF ON DECK CAPITAL, INC.Warrant Agreement • August 21st, 2014 • On Deck Capital Inc • Finance services • New York
This certifies that (the “Holder”), for value received, is entitled to purchase from On Deck Capital, Inc., a Delaware corporation (the “Company”), up to an aggregate fully paid and nonassessable shares of common stock of the Company, par value $0.01 per share (the “Stock”), at a price of $ per share (the “Stock Purchase Price”), at any time or from time to time in accordance with the terms and conditions of this Warrant (the “Warrant”), but not later than 5:00 p.m. (New York time) on (the “Expiration Date”). The Stock Purchase Price and the number of shares purchasable hereunder (wherever expressed herein as a particular number) are subject to adjustment as provided in Section 4 of this Warrant. This Warrant is one of a series of similar warrants being issued pursuant to that certain Note and Warrant Purchase Agreement, dated as of , among the Company and the other parties named therein (the “Purchase Agreement”). All Warrants issued under the Purchase Agreement are referred to herein
NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • August 21st, 2014 • On Deck Capital Inc • Finance services • Delaware
This NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the 13th day of March, 2014 (the “Effective Date”), by and among On Deck Capital, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and each of the stockholders listed on Schedule B hereto, each referred to herein as a “Key Holder”.
