SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 9th, 2018 • Inpixon • Services-computer programming services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 5, 2018, between Inpixon, a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 9th, 2018 • Inpixon • Services-computer programming services • New York
COMMON STOCK PURCHASE WARRANT inpixonInpixon • January 9th, 2018 • Services-computer programming services
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the later of (i) the Authorized Share Increase Date and (ii) Shareholder Approval Date (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Inpixon, a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
LEAK-OUT AGREEMENTLeak-Out Agreement • January 9th, 2018 • Inpixon • Services-computer programming services
This agreement (the “Leak-Out Agreement”) is being delivered to you in connection with an understanding by and among Inpixon, a Nevada corporation (the “Company”), and the person or persons named on the signature pages hereto (collectively, the “Holder”).
WAIVER AND FIRST AMENDMENT AGREEMENTWaiver and First Amendment Agreement • January 9th, 2018 • Inpixon • Services-computer programming services • New York
This FIRST AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of January 5, 2018 (“Amendment Date”) by and between Inpixon, a Nevada corporation (the “Company”), and the signatory hereto (the “Holder”) holding that certain outstanding Convertible Promissory Note, issued on November 17, 2017 (the “Note”) issued pursuant to that Securities Purchase Agreement, dated November 17, 2017 (the “SPA”) by and between the Company and the Holder. This Agreement amends the Note and the SPA and the SPA (as defined below) in accordance with Section 9.12 of the SPA and Section 18 of the Note. In this Agreement, the Company and the Holder are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Note or the SPA (as applicable).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • January 9th, 2018 • Inpixon • Services-computer programming services • New York
This THIRD AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of January 5, 2018 (“Effective Date”) by and between Inpixon, a Nevada corporation (the “Company”), and the signatory hereto holding 100% of the outstanding Debentures (as defined below) (the “Holder”). This Agreement amends the remaining outstanding Debentures (as defined below) and the SPA (as defined below) in accordance with Section 5.5 of the SPA. In this Agreement, the Company and the Holder are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Debentures or the SPA.
