INDEMNIFICATION AND ADVANCEMENT AGREEMENTIndemnification and Advancement Agreement • March 31st, 2022 • Starry Group Holdings, Inc. • Telephone communications (no radiotelephone) • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is made as of , 20 by and between Starry Group Holdings, Inc., a Delaware corporation (the “Company”), and , [a member of the Board of Directors/an officer/an employee/an agent/a fiduciary] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering indemnification and advancement.
WARRANT ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT among FIRSTMARK HORIZON ACQUISITION CORP., STARRY GROUP HOLDINGS, INC. and CONTINENTAL STOCK TRANSFER & TRUST COMPANY Dated March 28, 2022Assignment, Assumption and Amendment Agreement • March 31st, 2022 • Starry Group Holdings, Inc. • Telephone communications (no radiotelephone) • New York
THIS WARRANT ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT (this “Agreement”), dated March 28, 2022, is made by and among FirstMark Horizon Acquisition Corp., a Delaware corporation (the “SPAC”), Starry Group Holdings, Inc. (formerly Starry Holdings, Inc.), a Delaware corporation (“New Starry”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (in such capacity, the “Warrant Agent”), and amends the Warrant Agreement (the “Existing Warrant Agreement”), dated October 5, 2020, by and between SPAC and the Warrant Agent. Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Existing Warrant Agreement.
WAIVER AND AMENDMENT NO. 1 TO SERIES Z SUBSCRIPTION AGREEMENTSeries Z Subscription Agreement • March 31st, 2022 • Starry Group Holdings, Inc. • Telephone communications (no radiotelephone)
THIS WAIVER AND AMENDMENT NO. 1 TO SERIES Z SUBSCRIPTION AGREEMENT (this “Amendment”) to that certain Series Z Subscription Agreement, dated as of October 6, 2021 (the “Series Z Subscription Agreement”), by and among each of the undersigned subscribers (each, a “Subscriber”) and Starry, Inc., a Delaware corporation (“Starry”), is made as of March 28, 2022 by and among the Subscribers and Starry. Capitalized terms used, but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Series Z Subscription Agreement.
FORM OF NON-REDEMPTION AGREEMENTNon-Redemption Agreement • March 31st, 2022 • Starry Group Holdings, Inc. • Telephone communications (no radiotelephone) • Delaware
THIS NON-REDEMPTION AGREEMENT (this “Agreement”), dated as of March [•], 2022, is made by and among FirstMark Horizon Acquisition Corp., a Delaware corporation (“SPAC”), Starry Group Holdings, Inc., a Delaware corporation (“New Starry”), and the undersigned investor[, for and on behalf of itself and any investor account on behalf of which it is entering into this Agreement] (the “Investor”). Capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the Merger Agreement (as defined below).
Starry, Inc. 38 Chauncy Street Suite 200 Boston, MA 02111Starry Group Holdings, Inc. • March 31st, 2022 • Telephone communications (no radiotelephone) • Massachusetts
As discussed, your employment with Starry, Inc. (“Starry” or the “Company”) shall terminate effective September 21, 2020. This letter (the “Agreement”) summarizes the terms of your separation from employment and establishes an amicable arrangement under which you release the Company from any and all claims, and, in return, you receive severance pay and other benefits.
