ContractNote Agreement • January 14th, 2020 • XpresSpa Group, Inc. • Services-personal services • New York
THIS NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION OF ANY PORTION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS, NEITHER THIS NOTE NOR ANY SUCH SECURITIES, NOR ANY INTEREST IN ANY THEREOF, MAY BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, ASSIGNED OR OTHERWISE TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE OR SUCH SECURITIES UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT OF 1933, AS AMENDED, AND IN COMPLIANCE WITH APPLICABLE STATE SECURITIES LAWS OR BLUE SKY LAWS.
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 14th, 2020 • XpresSpa Group, Inc. • Services-personal services • New York
This Fifth Amendment to Credit Agreement (the “Fifth Amendment”) is made as of the 9th day of January, 2020, but shall be effective on the Fifth Amendment Effective Date, as defined below, by and between XpresSpa Holdings, LLC, a Delaware limited liability company (the “Borrower”) and B3D, LLC, a North Carolina limited liability company (the “Lender”).
FORM OF ACCOUNTS RECEIVABLE ADVANCE AGREEMENTAccounts Receivable Advance Agreement • January 14th, 2020 • XpresSpa Group, Inc. • Services-personal services • New Jersey
This Accounts Receivable Advance Agreement (the “Agreement”) is made as of January 9, 2020, between CC FUNDING a division of CREDIT CASH NJ, LLC, a Delaware limited liability company with an operating office located at 505 Park Avenue, 6th Floor, New York, NY 10022(the “Lender”), and each of the following limited liability companies listed immediately below:
