COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • July 3rd, 2018 • Remark Holdings, Inc. • Communications services, nec • Illinois
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of July 2, 2018 by and between REMARK HOLDINGS, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 3rd, 2018 • Remark Holdings, Inc. • Communications services, nec • Delaware
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 2, 2018, by and between REMARK HOLDINGS, INC., a Delaware corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
AMENDMENT NO. 5 AND WAIVER TO FINANCING AGREEMENTFinancing Agreement • July 3rd, 2018 • Remark Holdings, Inc. • Communications services, nec • New York
AMENDMENT NO. 5 AND WAIVER TO FINANCING AGREEMENT, dated as of June 29, 2018 (this "Amendment"), to the Financing Agreement, dated as of September 24, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the "Financing Agreement"), by and among Remark Holdings, Inc., a Delaware corporation (the "Parent"), each subsidiary of the Parent listed as a "U.S. Borrower" on the signature pages thereto (together with the Parent and each other Person that executes a Joinder Agreement (as defined therein) and becomes a "U.S. Borrower" thereunder, each a "U.S. Borrower" and, collectively, jointly and severally, the "U.S. Borrowers"), KanKan Limited, a company organized under the laws of the British Virgin Islands (the "BVI Borrower" and together with the U.S. Borrowers, each, a "Borrower" and, collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with each other Person that executes a joinder agree
