SUBSCRIPTION AGREEMENTSubscription Agreement • December 2nd, 2015 • Sphere 3D Corp • Services-computer processing & data preparation • New York
THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is made as of the day of , 2015 by and among Sphere 3D Corp., an Ontario corporation (the “Company”), and the Investors set forth on the signature pages affixed hereto (each an “Investor” and collectively the “Investors”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 2nd, 2015 • Sphere 3D Corp • Services-computer processing & data preparation • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of , between Sphere 3D Corp., an Ontario corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
FIRST AMENDMENT TO 8% SENIOR SECURED CONVERTIBLE DEBENTURE8% Senior Secured Convertible Debenture • December 2nd, 2015 • Sphere 3D Corp • Services-computer processing & data preparation • New York
This FIRST AMENDMENT TO 8% SENIOR SECURED CONVERTIBLE DEBENTURE (this “Amendment”) is dated as of November 30, 2015 and entered into by and among SPHERE 3D CORP., a corporation incorporated under the laws of the Province of Ontario (the “Corporation”), the Subsidiaries of the Corporation listed on the signature pages hereto as Guarantors, and FBC HOLDINGS S.A.R.L., a company incorporated under the laws of Luxembourg (the “Holder”), and is made with reference to that certain 8% Senior Secured Convertible Debenture Due March 31, 2018 (as amended, modified or otherwise supplemented prior to the date hereof, the “Debenture”), made by the Corporation for the benefit of the Holder. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Debenture.
AMENDMENT NO. 2 TOPurchase Agreement • December 2nd, 2015 • Sphere 3D Corp • Services-computer processing & data preparation • New York
THIS AMENDMENT NO. 2 TO THE PURCHASE AGREEMENT (this “Amendment”) dated September 22, 2015 is an amendment to that certain Purchase Agreement (the “Purchase Agreement”) dated August 10, 2015 by and between Sphere 3D Corp., an Ontario corporation (the “Company”) and MacFarlane Family Ventures, LLC (“MacFarlane”). Capitalized terms used herein and not defined shall have the same respective meanings as provided in the Purchase Agreement.
