CREDIT AGREEMENT dated as of September 3, 2020 among PURPLE INNOVATION, LLC, as Borrower, PURPLE INNOVATION, INC., as Holdings, THE LENDING INSTITUTIONS NAMED HEREIN, as Lenders, and KEYBANK NATIONAL ASSOCIATION, as an LC Issuer, Swing Line Lender and...Credit Agreement • September 3rd, 2020 • Purple Innovation, Inc. • Household furniture • New York
This CREDIT AGREEMENT is entered into as of September 3, 2020 among Purple Innovation, LLC, a Delaware limited liability company, as the borrower (the “Borrower”), Purple Innovation, Inc., a Delaware corporation (“Holdings”), the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”), and KeyBank National Association, as the administrative agent (in such capacity, the “Administrative Agent”).
GUARANTYGuaranty • September 3rd, 2020 • Purple Innovation, Inc. • Household furniture • New York
THIS GUARANTY, dated as of September 3, 2020 (as the same may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Guaranty”), is made by each of the undersigned (each, a “Guarantor” and collectively, the “Guarantors” and such terms shall include an Additional Guarantor that becomes a party to this Guaranty pursuant to Section 16 hereof), in favor of KeyBank National Association, as Administrative Agent (herein, together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Creditors (as defined below):
COLLATERAL ASSIGNMENT OF COPYRIGHTSCollateral Assignment of Copyrights • September 3rd, 2020 • Purple Innovation, Inc. • Household furniture • New York
COLLATERAL ASSIGNMENT OF COPYRIGHTS, dated as of September 3, 2020 (“Agreement”), between Purple Innovation, LLC, a Delaware limited liability company (together with its successors and assigns, the “Assignor”), and KeyBank National Association, as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Secured Creditors (as defined in the Security Agreement referred to below):
COLLATERAL ASSIGNMENT OF PATENTSCollateral Assignment of Patents • September 3rd, 2020 • Purple Innovation, Inc. • Household furniture • New York
COLLATERAL ASSIGNMENT OF PATENTS, dated as of September 3, 2020 (“Agreement”), between Purple Innovation, LLC, a Delaware limited liability company (together with its successors and assigns, the “Assignor”), and KeyBank National Association, as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Secured Creditors (as defined in the Security Agreement referred to below):
COLLATERAL ASSIGNMENT OF TRADEMARKSCollateral Assignment of Trademarks • September 3rd, 2020 • Purple Innovation, Inc. • Household furniture • New York
COLLATERAL ASSIGNMENT OF TRADEMARKS, dated as of September [3], 2020 (“Agreement”), between Purple Innovation, LLC, a Delaware limited liability company (together with its successors and assigns, the “Assignor”), and KeyBank National Association, as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Secured Creditors (as defined in the Security Agreement referred to below):
PLEDGE AND SECURITY AGREEMENT dated as of September 3, 2020 Among PURPLE INNOVATION, LLC AND THE OTHER PARTIES HERETO, as Grantors, and KEYBANK NATIONAL ASSOCIATION, as the Administrative Agent, for the benefit of THE SECURED CREDITORSPledge and Security Agreement • September 3rd, 2020 • Purple Innovation, Inc. • Household furniture • New York
THIS PLEDGE AND SECURITY AGREEMENT, dated as of September 3, 2020 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among Purple Innovation, LLC, a Delaware limited liability company (the “Borrower”), Purple Innovation, Inc., a Delaware corporation (“Holdings”), each of the Subsidiaries (as defined in the Credit Agreement referred to below) of Borrower or Holdings that is a signatory hereto (each such Subsidiary, together with the Borrower, Holdings and each Additional Grantor (as defined below) that becomes a party hereto pursuant to Section 9.14, collectively, the “Grantors” and, individually, each a “Grantor”), and KeyBank National Association, as administrative agent (the “Administrative Agent”), for the benefit of the Secured Creditors (as defined below):
