NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Remark Holdings, Inc. • November 7th, 2022 • Communications services, nec • Delaware
THIS DEBENTURE HAS BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT (“OID”). PURSUANT TO TREASURY REGULATION §1.1275-3(b)(1), A REPRESENTATIVE OF THE COMPANY HEREOF WILL, BEGINNING TEN DAYS AFTER THE ISSUANCE DATE OF THIS DEBENTURE, PROMPTLY MAKE AVAILABLE TO THE HOLDER UPON REQUEST THE INFORMATION DESCRIBED IN TREASURY REGULATION §1.1275-3(B)(1)(I). THE CONTACT INFORMATION OF THE COMPANY REPRESENTATIVE IS SET FORTH IN THE DEBENTURE PURCHASE AGREEMENT.
AMENDMENT NO. 1 TO THE DEBENTURE PURCHASE AGREEMENTDebenture Purchase Agreement • November 7th, 2022 • Remark Holdings, Inc. • Communications services, nec • Delaware
This AMENDMENT NO. 1 (this “Amendment”), dated as of November 7, 2022, amends that certain Debenture Purchase Agreement, dated as of October 6, 2022, (as it may be amended, supplemented or modified from time to time in accordance with the terms of the Debenture Purchase Agreement, the “Debenture Purchase Agreement”), by and between Remark Holdings, Inc., a Delaware corporation (the “Company”), and the buyer signatory thereto (collectively, with the Company, the “Parties”). Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Debenture Purchase Agreement.
