GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • August 7th, 2024 • Remark Holdings, Inc. • Communications services, nec • New York
GUARANTY AND SECURITY AGREEMENT dated as of August 5, 2024 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), by and among Remark Holdings, Inc., a Delaware corporation (the “Issuer”), the affiliates of the Issuer party hereto (the “Guarantors” and, collectively with the Issuer, the “Grantors”), the holders of the Debentures (as defined below) party hereto (collectively, the “Holders”), and Argent Institutional Trust Company, as collateral agent for the benefit of the Holders (in such capacity, the “Collateral Agent”).
EXCHANGE AGREEMENTExchange Agreement • August 7th, 2024 • Remark Holdings, Inc. • Communications services, nec • New York
This Exchange Agreement (this “Agreement”), dated as of August 5, 2024, is made by and between Remark Holdings, Inc., a Delaware corporation (the “Company”), and Mudrick Capital Management, L.P., on behalf of itself and the holders (each entity listed on Schedule 1 hereto) of the Original Notes (as defined below) (collectively, the “Holder”).
