0001437749-21-017956 Sample Contracts

AGREEMENT AND PLAN OF MERGER
Merger Agreement • July 30th, 2021 • AvePoint, Inc. • Services-prepackaged software • Delaware

This Agreement And Plan Of Merger (“Agreement”), dated as of July 23, 2021, by and between AvePoint US, LLC, a Delaware limited liability company (the “LLC”), and AvePoint, Inc., a Delaware corporation (the “Company”).

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ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • July 30th, 2021 • AvePoint, Inc. • Services-prepackaged software

This ASSIGNMENT and ASSUMPTION AGREEMENT, dated as of July 23, 2021 (this “Agreement”) is entered into between AvePoint US, LLC (f/k/a Athena Technology Merger Sub 2, LLC), a Delaware limited liability company (the “Assignor”), and AvePoint, Inc. (f/k/a Apex Technology Acquisition Corporation), a Delaware corporation (the “Assignee”), and consented to by HSBC Ventures USA Inc. (together with its successors and permitted assigns, the “Bank”).

LIMITED CONSENT AND WAIVER TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 30th, 2021 • AvePoint, Inc. • Services-prepackaged software

LIMITED CONSENT AND WAIVER TO LOAN AND SECURITY AGREEMENT, dated as of July 23, 2021 (this “Consent”), among AVEPOINT US, LLC (f/k/a Athena Technology Merger Sub 2, LLC), a Delaware corporation (the “Original Borrower”), AVEPOINT, INC. (f/k/a Apex Technology Acquisition Corporation), a Delaware corporation (“Holdings”), the other guarantors party hereto, and HSBC VENTURES USA INC. (together with its successors and assigns, “Bank”).

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