Revolving NoteRevolving Note • January 11th, 2021 • Better Choice Co Inc. • Beverages
FOR VALUE RECEIVED, the undersigned, Halo, Purely for Pets, Inc., a Delaware corporation (“Borrower”), promises to pay to the order of Old Plank Trail Community Bank, N.A., a national banking association (“Lender”), on or before the Revolving Loan Termination Date, the principal sum of Six Million and no/100 Dollars ($6,000,000.00), or such lesser principal sum as Lender may have advanced to Borrower pursuant to Section 2.1(A) of that certain Loan and Security Agreement of even date herewith by and between Lender and Borrower (as may be amended, renewed or restated from time to time, the “Loan Agreement”; capitalized terms used but not otherwise defined herein are used herein as defined in the Loan Agreement), together with interest thereon from the date hereof at the rate set forth in Section 2.3(A)(1) of the Loan Agreement. The principal amount of and interest on this Revolving Note (this “Note”) shall be payable in the manner and at the times set forth in the Loan Agreement and belo
Term Note ATerm Note • January 11th, 2021 • Better Choice Co Inc. • Beverages
FOR VALUE RECEIVED, Halo, Purely for Pets, Inc., a Delaware corporation (“Borrower”), promises to pay to the order of Old Plank Trail Community Bank, N.A., a national banking association (“Lender”), on or before January 6, 2024 (the “Maturity Date”), the principal sum of Six Million and no/100 Dollars ($6,000,000.00), together with interest thereon from the date hereof at the rates set forth in the Loan Agreement. The principal amount of and interest on this Term Note A (this “Note”) shall be payable in the manner and at the times set forth in that certain Loan and Security Agreement of even date herewith by and between Lender and Borrower (as may be amended, renewed or restated from time to time, the “Loan Agreement”; capitalized terms used but not otherwise defined herein are used herein as defined in the Loan Agreement). Interest shall be calculated on the basis of a 360 day year for the actual number of days in which any of the Liabilities remain outstanding. Upon the occurrence of
Collateral Pledge Agreement - Securities AccountCollateral Pledge Agreement • January 11th, 2021 • Better Choice Co Inc. • Beverages • Illinois
This Collateral Pledge Agreement – Securities Account (this “Agreement”) is made as of January 6, 2021, by and between John M. Word, III, an individual (“Pledgor”), with his principal residence located at 721 S. Parker Street, Suite 300, Orange, California 92868, and Old Plank Trail Community Bank, N.A., a national banking association (“Lender”), with its principal office located at 5300 W. 95th Street, Oak Lawn, IL 60453. Capitalized terms used and not otherwise defined herein have the meanings given such terms in that certain Loan and Security Agreement of even date herewith by and between Halo, Purely for Pets, Inc., a Delaware corporation (“Borrower”) and Lender (as amended or restated from time to time, the “Loan Agreement”).
Intellectual Property Security AgreementIntellectual Property Security Agreement • January 11th, 2021 • Better Choice Co Inc. • Beverages • Illinois
This Intellectual Property Security Agreement (this “Agreement”) is executed and delivered as of January 6, 2021, by Halo, Purely for Pets, Inc., a Delaware corporation (“Borrower”), Better Choice Company Inc., a Delaware corporation (“Parent”), and Bona Vida, Inc., a Delaware corporation (“Bona Vida”), and TruPet LLC, a Delaware limited liability company (“TruPet”) (Parent, Bona Vida and TruPet are each individually a “Guarantor” and collective the “Guarantors”) (Borrower and Guarantors are each individually a “Grantor” and, collectively the “Grantors”), to Old Plank Trail Community Bank, N.A., a national banking association (“Lender”).
Guaranty and Security AgreementGuaranty and Security Agreement • January 11th, 2021 • Better Choice Co Inc. • Beverages
This Guaranty and Security Agreement (this “Guaranty”) is made as of the 6th day of January, 2021, by Better Choice Company Inc., a Delaware corporation (“Parent”), with its principal office located at 164 Douglas Road E., Oldsmar, FL 34677, Bona Vida, Inc., a Delaware corporation (“Bona Vida”), with its principal office located at 164 Douglas Road E., Oldsmar, FL 34677, and TruPet LLC, a Delaware limited liability company (“TruPet”), with its principal office located at 164 Douglas Road E., Oldsmar, FL 34677 (Parent, Bona Vida and TruPet are each a “Guarantor,” and collectively, the “Guarantors”), in favor of Old Plank Trail Community Bank, N.A., a national banking association (“Lender”), with an office located at 5300 W. 95th Street, Oak Lawn, IL 60453.
Stock Pledge AgreementStock Pledge Agreement • January 11th, 2021 • Better Choice Co Inc. • Beverages • Illinois
This Stock Pledge Agreement (this “Pledge Agreement”) dated as of January 6, 2021, is executed and delivered by Better Choice Company Inc., a Delaware corporation (“Pledgor”), to Old Plank Trail Community Bank, N.A., a national banking association (“Lender”).
Loan and Security Agreement Dated as of January 6, 2021 by and between Old Plank Trail Community Bank, N.A. and Halo, Purely for Pets, Inc. Old Plank Trail Community Bank, N.A. Halo, Purely for Pets, Inc. Loan and Security AgreementLoan and Security Agreement • January 11th, 2021 • Better Choice Co Inc. • Beverages • Illinois
