0000950123-18-010479 Sample Contracts

OMNIBUS CONSENT, JOINDER AND AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • November 2nd, 2018 • Mohawk Group Holdings, Inc. • Services-computer processing & data preparation • Maryland

This OMNIBUS CONSENT, JOINDER AND AMENDMENT NO. 3 TO CREDIT AND SECURITY AGREEMENT (this “Agreement”) is made as of this 4th day of September, 2018, by and among MOHAWK GROUP, INC., a Delaware corporation (“Mohawk”) and each of its direct and indirect subsidiaries set forth on the signature pages hereto (each being referred to herein individually as an “Original Borrower”, and collectively as “Original Borrowers”), MOHAWK GROUP HOLDINGS, INC., a Delaware corporation (“New Borrower”, and New Borrower, together with the Original Borrowers, the “Borrowers”), MIDCAP FUNDING X TRUST, as successor to MidCap Financial Trust (as Agent for Lenders, in such capacity and together with its permitted successors and assigns, “Agent”), MIDCAP FUNDING V TRUST and MIDCAP FUNDING X TRUST, each individually as a Lender, and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

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MOHAWK GROUP, INC. INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Agreement • November 2nd, 2018 • Mohawk Group Holdings, Inc. • Services-computer processing & data preparation

This Independent Contractor Agreement (this “Agreement”) is made and entered into as of July 1st, 2017 (“Effective Date”) between Mohawk Group, Inc., a Delaware corporation (“Company”), and Fabrice Hamaide (“Contractor”). In consideration of the mutual promises contained in this Agreement, the parties agree as follows:

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 2nd, 2018 • Mohawk Group Holdings, Inc. • Services-computer processing & data preparation • New York

This Registration Rights Agreement (this “Agreement”) is made and entered into effective as of April 6, 2018, among Mohawk Group Holdings, Inc., a Delaware corporation (the “Company”), the persons who have purchased the Offering Shares and have executed omnibus or counterpart signature page(s) hereto (each, a “Purchaser” and collectively, the “Purchasers”), the persons or entities identified on Schedule 1 hereto holding Placement Agent Warrants (collectively, the “Brokers”), the persons and entities identified on Schedule 2 hereto holding Merger Shares and the persons and entities identified on Schedule 3 hereto holding Pre-Merger Shares. Capitalized terms used herein shall have the meanings ascribed to them in Section 1 below or in the Subscription Agreement.

AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT AND LIMITED WAIVER
Credit and Security Agreement and Limited Waiver • November 2nd, 2018 • Mohawk Group Holdings, Inc. • Services-computer processing & data preparation • Maryland

This AMENDMENT NO. 1 TO CREDIT AND SECURITY AGREEMENT AND LIMITED WAIVER (this “Agreement”) is made as of this 5th day of April, 2018, by and among MOHAWK GROUP, INC., a Delaware corporation (“Mohawk Parent”) and each of its direct and indirect subsidiaries set forth on the signature pages hereto (each being referred to herein individually as an “Borrower”, and collectively as “Borrowers”), MIDCAP FUNDING X TRUST, as successor to MidCap Financial Trust (as Agent for Lenders, in such capacity and together with its permitted successors and assigns, “Agent”), MIDCAP FUNDING H TRUST and MIDCAP FUNDING X TRUST, each individually as a Lender, and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

CREDIT AND SECURITY AGREEMENT dated as of October 16, 2017 by and among MOHAWK GROUP, INC. and ITS SUBSIDIARIES FROM TIME TO TIME PARTY HERETO, each as a Borrower, and collectively as Borrowers, and MIDCAP FINANCIAL TRUST, as Agent and as a Lender,...
Credit and Security Agreement • November 2nd, 2018 • Mohawk Group Holdings, Inc. • Services-computer processing & data preparation • Maryland

This CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of October 16, 2017 by and among MOHAWK GROUP, INC., a Delaware corporation (“Mohawk Parent”), certain subsidiaries of Mohawk Parent set forth on Annex B hereto and any additional borrower that may hereafter be added to this Agreement (each individually as a “Borrower”, and collectively with any entities that become party hereto as Borrower and each of their successors and permitted assigns, the “Borrowers”), MIDCAP FINANCIAL TRUST, a Delaware statutory trust, individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT AND LIMITED CONSENT
Credit and Security Agreement and Limited Consent • November 2nd, 2018 • Mohawk Group Holdings, Inc. • Services-computer processing & data preparation • Maryland

This AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT AND LIMITED CONSENT (this “Agreement”) is made as of this 8th day of August, 2018, by and among MOHAWK GROUP, INC., a Delaware corporation (“Mohawk Parent”) and each of its direct and indirect subsidiaries set forth on the signature pages hereto (each being referred to herein individually as an “Borrower”, and collectively as “Borrowers”), MIDCAP FUNDING X TRUST, as successor to MidCap Financial Trust (as Agent for Lenders, in such capacity and together with its permitted successors and assigns, “Agent”), MIDCAP FUNDING V TRUST and MIDCAP FUNDING X TRUST, each individually as a Lender, and the other financial institutions or other entities from time to time parties to the Credit Agreement referenced below, each as a Lender.

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