SUPPLEMENT NO. 1 TO SUBSCRIPTION AGREEMENTSubscription Agreement • May 11th, 2017 • Function(x) Inc. • Services-computer programming, data processing, etc. • New York
This Supplement No. 1 to Subscription Agreement (this “Amendment”) is made and entered into as of the 4th of May, 2017, by and between Function(x) Inc. (the “Company”) and the purchasers (the “Subscriber”) identified on the signature pages of the Subscription Agreements (the “Subscription Agreement”) in connection with the Subscribers’ purchase of shares of the Company’s Series G Convertible Preferred Stock, par value $0.001 per share (the “Shares”), which are convertible into shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”) and is binding and enforceable against the Company without further action by the Subscribers.
SUBSCRIPTION AGREEMENTSubscription Agreement • May 11th, 2017 • Function(x) Inc. • Services-computer programming, data processing, etc. • New York
This Subscription Agreement (this “Agreement”) is being delivered to the purchaser identified on the signature page to this Agreement (the “Subscriber”) in connection with its investment in the securities of Function(x) Inc., a Delaware corporation (the “Company”). The Company is conducting a private placement (the “Offering”) of up to $20,000,000 (the “Maximum Offering Amount”)(subject to increase by the Board of Directors) of shares of the Company’s Series G Convertible Preferred Stock, par value $0.001 per share (the “Shares”), which are convertible into shares (the “Conversion Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), with such rights and designations as set forth in the Company’s Certificate of Designation of Series G Convertible Preferred Stock (the “Series G Certificate of Designation”). The Shares will be sold at a purchase price (the “Purchase Price”) per Conversion Share equal to the lower of: (i) $1.05 per share and (ii) on and
