FIRST AMENDMENT TO WARRANT AGREEMENT dated as of May 23, 2017 between Digital Turbine, Inc. and FIRST AMENDMENT TO WARRANT AGREEMENTWarrant Agreement • May 24th, 2017 • Digital Turbine, Inc. • Patent owners & lessors • New York
FIRST AMENDMENT TO WARRANT AGREEMENT, dated as of May 23, 2017 (the “First Amendment”) by and among Digital Turbine, Inc., a company duly incorporated and existing under the laws of Delaware, United States of America, and having its principal office at 300 GUADALUPE STREET, SUITE 302, AUSTIN TX 78701 (the “Company”) and U.S. Bank National Association, as Warrant Agent (the “Warrant Agent”) under the Warrant Agreement, dated as of September 28, 2016 (as amended, the “Warrant Agreement”). Capitalized terms used but not defined herein are defined in the Warrant Agreement and are used herein with the meanings assigned to them therein.
Second Supplemental Indenture Dated as of May 23, 2017 Notes due 2020Second Supplemental Indenture • May 24th, 2017 • Digital Turbine, Inc. • Patent owners & lessors • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of May 23, 2017 (the “Supplemental Indenture”) by and among Digital Turbine, Inc., a company duly incorporated and existing under the laws of Delaware, United States of America, and having its principal office at 300 GUADALUPE STREET, SUITE 302, AUSTIN TX 78701, as Issuer (the “Company”), the Guarantors and U.S. Bank National Association, as Trustee (the “Trustee”) under the Indenture, dated as of September 28, 2016, as amended by the First Supplemental Indenture dated as of January 12, 2017 (as amended and supplemented, the “Indenture”). Capitalized terms used but not defined herein are defined in the Indenture and are used herein with the meanings assigned to them therein.
BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 24th, 2017 • Digital Turbine, Inc. • Patent owners & lessors • Arizona
This BUSINESS FINANCING AGREEMENT, dated as of May 23, 2017, is made and entered into between WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), on the one hand, and DIGITAL TURBINE, INC., a Delaware corporation (“Parent”), DIGITAL TURBINE USA, INC., a Delaware corporation (“USA”), and DIGITAL TURBINE MEDIA, INC., a Delaware corporation (“Media”) (Parent, USA, and Media are sometimes collectively referred to herein as “Borrowers” and each individually as a “Borrower”), on the other hand, on the following terms and conditions:
