THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software
THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 28, 2020 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation (“Bank”), and (b)(i) BIGCOMMERCE HOLDINGS, INC., a Delaware corporation (“Delaware Borrower”), (ii) BIGCOMMERCE, INC., a Texas corporation (“Texas Borrower”), and (iii) BIGCOMMERCE PTY LTD ACN 107 422 631, a company incorporated under the laws of Australia (“Australian Borrower”; and together with Delaware Borrower and Texas Borrower, jointly and severally, individually and collectively, “Borrower”) provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank.
CONTINGENT CONVERTIBLE DEBT AGREEMENTContingent Convertible Debt Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Texas
THIS CONTINGENT CONVERTIBLE DEBT AGREEMENT (this “Agreement”) dated as of October 27, 2017 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation (“Bank”), and (b)(i) BIGCOMMERCE HOLDINGS, INC., a Delaware corporation (“Delaware Borrower”), (ii) BIGCOMMERCE, INC., a Texas corporation (“Texas Borrower”), and (iii) BIGCOMMERCE PTY LTD, a company incorporated under the laws of Australia (“Australian Borrower”; and together with Delaware Borrower and Texas Borrower, jointly and severally, individually and collectively, “Borrower”) provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ContractWarrant Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Delaware
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 6.3 AND 6.4 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.
BIGCOMMERCE HOLDINGS, INC. FOURTH AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENTRight of First Refusal and Co-Sale Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Delaware
THIS FOURTH AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT (this “Agreement”) is made as of the 19th day of April, 2018 by and among BigCommerce Holdings, Inc., a Delaware corporation (the “Company”), the Investors listed on Schedule A, the Founders listed on Schedule B and the Key Holders listed on Schedule C.
MEZZANINE LOAN AND SECURITY AGREEMENTMezzanine Loan and Security Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Texas
THIS MEZZANINE LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 28, 2020 (the “Effective Date”) among (a) WESTRIVER INNOVATION LENDING FUND VIII, L.P., a Delaware limited partnership (“Lender”), and (b)(i) BIGCOMMERCE HOLDINGS, INC., a Delaware corporation (“Delaware Borrower”), (ii) BIGCOMMERCE, INC., a Texas corporation (“Texas Borrower”), and (iii) BIGCOMMERCE PTY LTD ACN 107 422 631, a company incorporated under the laws of Australia (“Australian Borrower”; and together with Delaware Borrower and Texas Borrower, jointly and severally, individually and collectively, “Borrower”) provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender.
