The Trade Desk, Inc. [ ] Shares Class A Common Stock ($0.000001 par value) Form of Underwriting AgreementUnderwriting Agreement • September 6th, 2016 • Trade Desk, Inc. • Services-computer programming, data processing, etc. • New York
The Trade Desk, Inc., a corporation organized under the laws of Delaware (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, [ ] shares of Class A common stock, $0.000001 par value (“Common Stock”) of the Company propose to sell to the several Underwriters [ ] shares of Common Stock (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company and the persons named in Schedule II hereto (the “Selling Stockholders”) also propose to grant to the Underwriters an option to purchase up to [ ] and [ ], respectively, additional shares of Common Stock to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term
EMPLOYMENT AGREEMENTEmployment Agreement • September 6th, 2016 • Trade Desk, Inc. • Services-computer programming, data processing, etc. • California
THIS EMPLOYMENT AGREEMENT (this “Agreement”), dated as of January 28, 2016 (the “Effective Date”), is entered into by and between The Trade Desk, Inc. (the “Company”), and Jeff Green (“Executive”).
ContractWarrant Agreement • September 6th, 2016 • Trade Desk, Inc. • Services-computer programming, data processing, etc. • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF COUNSEL OR OTHER EVIDENCE, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATIONS ARE NOT REQUIRED, (iii) RECEIPT OF NO-ACTION LETTERS FROM THE APPROPRIATE GOVERNMENTAL AUTHORITIES, OR (iv) OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 8 OF THIS WARRANT.
THE TRADE DESK, INC. SECOND AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • September 6th, 2016 • Trade Desk, Inc. • Services-computer programming, data processing, etc. • Delaware
This Second Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of February 9, 2016, by and among (i) The Trade Desk, Inc., a Delaware corporation (the “Company”), (ii) the parties listed under the heading “Investors” on Exhibit A hereto (each, an “Investor” and together, the “Investors”) and (iii) the parties listed under the heading “Founders” on Exhibit A hereto (each, a “Founder” and together the “Founders”).
LOAN AND SECURITY AGREEMENT among THE TRADE DESK, INC. and EACH PERSON JOINED HERETO AS A BORROWER FROM TIME TO TIME, as the Borrowers, the Lenders from time to time party hereto, CITIBANK, N.A., as the Agent and EAST WEST BANK, as Documentation Agent...Loan and Security Agreement • September 6th, 2016 • Trade Desk, Inc. • Services-computer programming, data processing, etc. • New York
This LOAN AND SECURITY AGREEMENT, dated as of March 30, 2016, among (i) THE TRADE DESK, INC., a Delaware corporation (“TTD” and, together with each Person who hereafter becomes party hereto as a borrower, referred to hereinafter, individually and collectively, jointly and severally, as the “Borrowers” and each individually as a “Borrower”), (ii) each of the financial institutions identified as a “Lender” on Annex A attached hereto (together with each of its respective successors and assigns, and any Increasing Lender, each a “Lender” and, collectively, the “Lenders”) and (iii) CITIBANK, N.A., a national banking association (“Citibank”), acting not individually but as agent on behalf of, and for the benefit of, the Lenders and all other Secured Parties (Citibank, when acting in such agency capacity, herein called the “Agent”).
