0001140361-20-000647 Sample Contracts

Contract
Better Choice Co Inc. • January 10th, 2020 • Beverages • New York

THIS AMENDED AND RESTATED NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF ARE SUBORDINATED TO ANY PRESENT OR FUTURE INDEBTEDNESS OWING FROM THE COMPANY UNDER THAT LOAN FACILITIES LETTER AGREEMENT DATED DECEMBER 19, 2019 AMONG THE COMPANY, BRIDGING FINANCE INC. (THE “SENIOR AGENT”) AND THE LENDERS PARTY THERETO, AND MAY BE ENFORCED ONLY IN ACCORDANCE WITH THAT CERTAIN SUBORDINATION AGREEMENT DATED JANUARY 6, 2020 AMONG THE COMPANY, INVESTOR AND THE SENIOR AGENT.

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FIRST AMENDMENT TO SUBSCRIPTION AGREEMENT OF BETTER CHOICE COMPANY INC.
Subscription Agreement • January 10th, 2020 • Better Choice Co Inc. • Beverages • New York

THIS FIRST AMENDMENT to the Subscription Agreement (this “Amendment”), dated as of ______, 2020, is entered into by and among Better Choice Company Inc., a Delaware corporation (the “Company”) and the Investor identified on the signature pages hereto (the “Investor” and, together with the Company, the “Parties”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Subscription Agreement (as defined below).

FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENT OF BETTER CHOICE COMPANY INC.
Registration Rights Agreement • January 10th, 2020 • Better Choice Co Inc. • Beverages • New York

THIS FIRST AMENDMENT to the Registration Rights Agreement (this “Amendment”), dated as of ______, 2020, is entered into by and among Better Choice Company Inc., a Delaware corporation (the “Company”) and the stockholders of the Company who have executed signature pages hereto (collectively, the “Stockholders” and, together with the Company, the “Parties”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Registration Rights Agreement (as defined below).

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