AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT dated as of January 23, 2024 among PURPLE INNOVATION, LLC, PURPLE INNOVATION, INC. and INTELLIBED, LLC, as Grantors, and DELAWARE TRUST COMPANY, as the Administrative AgentPledge and Security Agreement • January 23rd, 2024 • Purple Innovation, Inc. • Household furniture
This AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT, dated as of January 23, 2024 (this “Agreement”), is made by each of the Grantors referred to below, in favor of Delaware Trust Company, in its capacity as administrative agent for the Secured Parties (as defined in the Credit Agreement referred to below) (in such capacity, together with its successors and assigns in such capacity, if any, the “Administrative Agent”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 23, 2024 among PURPLE INNOVATION, LLC, as a Borrower, PURPLE INNOVATION, INC., as Guarantor, CERTAIN FINANCIAL INSTITUTIONS, as Lenders, and DELAWARE TRUST COMPANY, as Administrative AgentCredit Agreement • January 23rd, 2024 • Purple Innovation, Inc. • Household furniture • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of January 23, 2024, among PURPLE INNOVATION, LLC, a Delaware limited liability company (the “Company” or “Borrower” and collectively with any other entities that become a “Borrower” hereunder, the “Borrowers”), PURPLE INNOVATION, INC., a Delaware corporation (“Holdings”), EACH LENDER FROM TIME TO TIME PARTY HERETO (collectively, the “Lenders” and individually, a “Lender”), and DELAWARE TRUST COMPANY, as Administrative Agent.
Amended and restated REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 23rd, 2024 • Purple Innovation, Inc. • Household furniture • Delaware
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of January 23, 2024, by and among Purple Innovation, Inc., a Delaware corporation (including any successor entity thereto, “Parent”), and the undersigned parties listed under Investors on the signature page hereto (each an “Investor” and collectively, the “Investors”). This Agreement amends and restates in its entirety that certain Registration Rights Agreement, dated as of February 26, 2019, among the Parent and the Investors set forth therein (the “Prior Agreement”).
CLASS A COMMON STOCK PURCHASE WARRANT PURPLE INNOVATION, INC.Warrant Agreement • January 23rd, 2024 • Purple Innovation, Inc. • Household furniture • New York
THIS CLASS A COMMON STOCK PURCHASE WARRANT (this “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 date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January 23, 2034 (the “Expiration Date”), to subscribe for and purchase from Purple Innovation, Inc., a Delaware corporation (the “Company”), up to [●] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Class A common stock of the Company, par value $.0001 (“Common Stock”). The purchase price of each share of Common Stock under this Warrant shall be equal to the Warrant Price, as defined in Section 2.1.
