INVESTMENT AGREEMENTInvestment Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • Delaware
This INVESTMENT AGREEMENT (the “Agreement”), dated as of December 12, 2017 (the “Execution Date”), is entered into by and between AmeriCann, Inc. (the “Company”), and Mountain States Capital, LLC (the “Investor”).
AMERICANN, INC. WARRANT TO PURCHASE COMMON STOCK SERIES VAmeriCann, Inc. • February 14th, 2018 • Services-management consulting services • Delaware
This is to certify that, FOR VALUE RECEIVED, ________________, or registered assigns (“Holder”) is entitled to purchase, subject to the provisions of this Warrant, from AmeriCann, Inc. (the “Company”), __________ shares of the common stock of the Company (“Common Stock”). This warrant may be exercised at a purchase price of $5.00 per share at any time prior to May 18, 2021. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for a share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stock deliverable upon such exercise, as may be adjusted from time to time, are hereinafter sometimes referred to as “Warrant Stock”; and the exercise price of a share of Common Stock in effect at any time, and as may be adjusted from time to time, is hereinafter sometimes referred to as the "Exercise Price."
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 5, 2017, by and between AMERICANN, INC., a Delaware corporation, with its address at 3200 Brighton Blvd. Unit 114, Denver, CO 80216 (the “Company”), and POWER UP LENDING GROUP LTD., a Virginia corporation, with its address at 111 Great Neck Road, Suite 216, Great Neck, NY 11021 (the “Buyer”).
LOAN AGREEMENTLoan Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • Illinois
WGP has requested that AmeriCann extend credit to WGP in the form of loan not to exceed $4,760,000 to be used to fund WGP’s acquisition, development and construction of property, plant, equipment, all necessary permits and start-up costs and expenses in accordance with those costs and operating income and expense projections shown on the attached Exhibit A. The Property on which the cultivation and growing facility will be constructed is described on Exhibit B.
SHARE PURCHASE AGREEMENTShare Purchase Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • New York
THIS SECURITY HAS NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE OFFERED OR SOLD UNLESS (I) REGISTERED AND QUALIFIED PURSUANT TO THE APPLICABLE PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS, (II) PURSUANT TO RULE 144 OF THE ACT OR (III) AN EXEMPTION FROM SUCH REGISTRATION OR QUALIFICATION APPLIES. THEREFORE, NO SALE OR TRANSFER OF THIS SECURITY SHALL BE MADE, NO ATTEMPTED SALE OR TRANSFER SHALL BE VALID, AND THE ISSUER SHALL NOT BE REQUIRED TO GIVE ANY EFFECT TO ANY SUCH TRANSACTION UNLESS (A) SUCH TRANSACTION HAS BEEN DULY REGISTERED UNDER THE ACT AND QUALIFIED OR APPROVED UNDER APPROPRIATE STATE SECURITIES LAWS OR (B) THIS SECURITY MAY BE SOLD PURSUANT TO RULE 144 OF THE ACT.
CONSULTING AGREEMENTConsulting Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • Colorado
THIS CONSULTING AGREEMENT (the "Agreement") is made and entered into the 7th day of April, 2016 (the "Effective Date") by and between Coastal Compassion, Inc., a Massachusetts non-profit organization with an address at 36 N. Water Street, Unit 2, New Bedford, MA 02740 (hereinafter “Company"), and AmeriCann, Inc., a Delaware corporation with an address at 3200 Brighton Blvd., Unit 114, Denver, CO 80216 (hereinafter "Consultant") (each a “party” and collectively the “parties”).
AMENDMENT TO GROUND LEASEAmeriCann, Inc. • February 14th, 2018 • Services-management consulting services • New York
THIS SECURITY HAS NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE OFFERED OR SOLD UNLESS (I) REGISTERED AND QUALIFIED PURSUANT TO THE APPLICABLE PROVISIONS OF FEDERAL AND STATE SECURITIES LAWS, (II) PURSUANT TO RULE 144 OF THE ACT OR (III) AN EXEMPTION FROM SUCH REGISTRATION OR QUALIFICATION APPLIES. THEREFORE, NO SALE OR TRANSFER OF THIS SECURITY SHALL BE MADE, NO ATTEMPTED SALE OR TRANSFER SHALL BE VALID, AND THE ISSUER SHALL NOT BE REQUIRED TO GIVE ANY EFFECT TO ANY SUCH TRANSACTION UNLESS (A) SUCH TRANSACTION HAS BEEN DULY REGISTERED UNDER THE ACT AND QUALIFIED OR APPROVED UNDER APPROPRIATE STATE SECURITIES LAWS OR (B) THIS SECURITY MAY BE SOLD PURSUANT TO RULE 144 OF THE ACT.
AMERICANN, INC. LOAN MODIFICATION AGREEMENTLoan Modification Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • Delaware
LOAN AGREEMENTLoan Agreement • February 14th, 2018 • AmeriCann, Inc. • Services-management consulting services • Colorado
This Agreement is made on October 30, 2017 by and between AmeriCann, Inc. (“AmeriCann”) and James F. Barton, Jr., the Brad W. Opel Revocable Trust and the JTO Irrevocable Trust (collectively the “Lenders”).
