TERM LOAN AND SECURITY AGREEMENTTerm Loan and Security Agreement • July 21st, 2016 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Ohio
THIS TERM LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of July 15, 2016, is made by and among AEROGROW INTERNATIONAL, INC., a Nevada corporation (the “Borrower”), and SMG GROWING MEDIA, INC., an Ohio corporation (the, “Lender”).
FIRST AMENDMENT TOCollaboration Services Agreement • July 21st, 2016 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
This FIRST AMENDMENT TO COLLABORATION SERVICES AGREEMENT (this “Amendment”) is effective as of July 15, 2016 (the “Effective Date”), among The Scotts Company LLC, an Ohio limited liability company having its principal place of business at 14111 Scottslawn Road, Marysville, Ohio 43041 (“Scotts Company”), OMS Investments, Inc., a Delaware corporation having its principal place of business at 10250 Constellation Blvd., Suite 2800, Los Angeles, California 90067 (“OMS,” and together with Scotts Company, “Scotts”), and AeroGrow International, Inc., a Nevada corporation having its principal place of business at 6075 Longbow Dr., Suite 200, Boulder, Colorado 80301 (“AeroGrow”). Scotts and AeroGrow are sometimes referred to herein collectively as the “Parties” and individually as a “Party.”
BRAND LICENSE AGREEMENTBrand License Agreement • July 21st, 2016 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
This SECOND AMENDMENT TO BRAND LICENSE AGREEMENT (this “Amendment”) is effective as of July 15, 2016 (the “Effective Date”), between OMS Investments, Inc., a Delaware corporation having offices at 10250 Constellation Blvd., Suite 2800, Los Angeles, California 90067 (“Licensor”), and AeroGrow International, Inc., a Nevada corporation having offices at 6075 Longbow Dr., Suite 200, Boulder, Colorado 80301 (“Licensee”). Licensor and Licensee are sometimes referred to herein collectively as the “Parties” and individually as a “Party”.
SECOND AMENDMENT TO WARRANT TOAeroGrow International, Inc. • July 21st, 2016 • Retail-building materials, hardware, garden supply
This SECOND AMENDMENT TO WARRANT TO PURCHASE SHARES OF COMMON STOCK (this “Amendment”) is effective as of July 15, 2016 (the “Effective Date”), between SMG Growing Media, Inc., an Ohio corporation having offices at 14111 Scottslawn Road, Marysville, Ohio 43041 (the “Warrantholder”), and AeroGrow International, Inc., a Nevada corporation having offices at 6075 Longbow Drive, Suite 200, Boulder, Colorado 80301 (the “Company”). The Warrantholder and the Company are sometimes referred to herein collectively as the “Parties” and individually as a “Party”.
TECHNOLOGY LICENSE AGREEMENTTechnology License Agreement • July 21st, 2016 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
This SECOND AMENDMENT TO TECHNOLOGY LICENSE AGREEMENT (this “Amendment”) is effective as of July 15, 2016 (the “Effective Date”), between OMS Investments, Inc., a Delaware corporation having offices at 10250 Constellation Blvd., Suite 2800, Los Angeles, California 90067 (“OMS”), and AeroGrow International, Inc., a Nevada corporation having offices at 6075 Longbow Dr., Suite 200, Boulder, Colorado 80301 (“AeroGrow”). OMS and AeroGrow are sometimes referred to herein collectively as the “Parties” and individually as a “Party”.
WAIVERWaiver • July 21st, 2016 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Ohio
This WAIVER (this “Waiver”) is made and entered into as of July 15, 2016, by and between SMG Growing Media, Inc., an Ohio corporation having its principal place of business at 14111 Scottslawn Road, Marysville, Ohio 43041 (the “Investor”), and AeroGrow International, Inc., a Nevada corporation having its principal place of business at 6075 Longbow Dr., Suite 200, Boulder, Colorado 80301 (“AeroGrow”). The Investor and AeroGrow are sometimes referred to herein collectively as the “Parties” and individually as a “Party.”
FIRST AMENDMENT TOSupply Chain Services Agreement • July 21st, 2016 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
This FIRST AMENDMENT TO SUPPLY CHAIN SERVICES AGREEMENT (this “Amendment”) is effective as of July 15, 2016 (the “Effective Date”), among The Scotts Company LLC, an Ohio limited liability company having its principal place of business at 14111 Scottslawn Road, Marysville, Ohio 43041 (“Scotts Company”), OMS Investments, Inc., a Delaware corporation having its principal place of business at 10250 Constellation Blvd., Suite 2800, Los Angeles, California 90067 (“OMS,” and together with Scotts Company, “Scotts”), and AeroGrow International, Inc., a Nevada corporation having its principal place of business at 6075 Longbow Dr., Suite 200, Boulder, Colorado 80301 (“AeroGrow”). Scotts and AeroGrow are sometimes referred to herein collectively as the “Parties” and individually as a “Party.”
