The Street.com, Inc. INVESTOR RIGHTS AGREEMENT November 15, 2007Investor Rights Agreement • November 27th, 2007 • TCV Vi L P • Newspapers: publishing or publishing & printing • New York
THIS INVESTOR RIGHTS AGREEMENT (the “Agreement”) is entered into as of November 15, 2007, by and among TheStreet.com, Inc., a Delaware corporation (the “Company”), TCV VI, L.P., a Delaware limited partnership (“TCV VI”), and TCV Member Fund, L.P., a Delaware limited partnership (“TCV Member Fund” and, together with TCV VI, the “Investors”). Capitalized terms used but not defined elsewhere herein are defined in Section 1.
SECURITIES PURCHASE AGREEMENT Dated as of November 15, 2007 AMONG THESTREET.COM, INC. TCV VI, L.P. AND TCV MEMBER FUND, L.P.Securities Purchase Agreement • November 27th, 2007 • TCV Vi L P • Newspapers: publishing or publishing & printing • New York
This Securities Purchase Agreement dated as of November 15, 2007 (this “Agreement”) is among TheStreet.com, Inc., a Delaware corporation (the “Company”), TCV VI, L.P., a Delaware limited partnership (“TCV VI”), and TCV Member Fund, L.P., a Delaware limited partnership (“TCV Member Fund” and, together with TCV VI, the “Purchasers”). Capitalized terms used but not defined herein have the meanings assigned to them in Exhibit A.
JOINT FILING AGREEMENTJoint Filing Agreement • November 27th, 2007 • TCV Vi L P • Newspapers: publishing or publishing & printing
In accordance with Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree to the joint filing with all other Reporting Persons (as such term is defined in the Schedule 13D referred to below) on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the Common Stock and Series B Preferred stock, each with a par value $0.01 per share, of TheStreet.com, Inc., a Delaware corporation, and that this Agreement may be included as an exhibit to such joint filing. This Joint Filing Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
AMENDMENT NO. 2 TO RIGHTS AGREEMENTRights Agreement • November 27th, 2007 • TCV Vi L P • Newspapers: publishing or publishing & printing • Delaware
Amendment No. 2, dated as of November 15, 2007 (this “Amendment”), between THESTREET.COM, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, a New York banking corporation, as Rights Agent (the “Rights Agent”).
