CRYPTOCURRENCY PAYMENT AGREEMENTCryptocurrency Payment Agreement • June 5th, 2019 • Phunware, Inc. • Services-computer processing & data preparation
THIS CRYPTOCURRENCY PAYMENT AGREEMENT (the “Agreement”) is made as of ________ __, 2019 (the “Effective Date”), by and among Phunware, Inc., a Delaware corporation (the “Company”), and the persons named on Schedule I attached hereto (the “Schedule”) (each, a “Named Lender,” and collectively, the “Named Lenders”). Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in that certain Note Purchase Agreement by and among the Company, the Named Lenders, and the other Lenders identified therein, dated as of June 3, 2019 (the “Note Purchase Agreement”).
NOTE PURCHASE AGREEMENTNote Purchase Agreement • June 5th, 2019 • Phunware, Inc. • Services-computer processing & data preparation • Delaware
THIS NOTE PURCHASE AGREEMENT (the “Agreement”) is made as of June 3, 2019 (the “Effective Date”), by and among Phunware, Inc., a Delaware corporation (the “Company”), and the lenders named on the Schedule of Lenders attached hereto as Schedule I (the “Schedule of Lenders”) (each, a “Lender,” and collectively, the “Lenders”). Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in Section 1.
ContractConvertible Promissory Note • June 5th, 2019 • Phunware, Inc. • Services-computer processing & data preparation • Delaware
THIS NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”). THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT, AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER THE ACT OR A SALE IN COMPLIANCE WITH RULE 144 UNDER THE ACT.
