Registration Rights AgreementRegistration Rights Agreement • May 29th, 2019 • Pen Inc. • Coating, engraving & allied services • Delaware
This is the Registration Rights Agreement by and between PEN Inc., a Delaware corporation (the “Company”) and PEN Comeback LLC, a Michigan limited liability company (“Investor”), dated October 16, 2018.
WARRANT TO PURCHASE SHARES OF CLASS A COMMON STOCK OF PEN INC.Warrant Agreement • May 29th, 2019 • Pen Inc. • Coating, engraving & allied services • Delaware
This certifies that PEN Comeback, LLC (the “Holder”), for value received, is entitled to purchase, at the Stock Purchase Price (as defined below), from PEN Inc., a Delaware corporation (the “Company”), up to ________ fully paid and nonassessable shares (the “Warrant Shares”) of Class A Common Stock, $0.0001 par value per share (the “Class A Stock”) (subject to adjustment under Section 4).
OPTION FOR A WARRANT PERMITTING SUBSEQUENT PURCHASE OF SHARES OF PEN INC.Option Agreement • May 29th, 2019 • Pen Inc. • Coating, engraving & allied services • Delaware
This certifies that PEN Comeback, LLC (the “Holder”), for value received, is entitled to purchase, at a price of $0.03 per warrant, from PEN Inc., a Delaware corporation (the “Company”), up to ________ warrants that entitled the holder to purchase at a price of $2.00 per share an equal number of fully paid and nonassessable shares of Class A Common Stock, $0.0001 par value per share in the form attached as Appendix C (the “Warrants”).
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND LOAN DOCUMENTSLoan and Security Agreement • May 29th, 2019 • Pen Inc. • Coating, engraving & allied services • Michigan
THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND LOAN DOCUMENTS (“Amendment”) is entered into as of July 3rd, 2018 (“Effective Date”), between PEN BRANDS LLC, an Ohio limited liability company f/k/a Nanofilm, Ltd. (“Borrower”) and MBANK, a Michigan banking corporation, as assignee of Mackinac Commercial Credit, LLC, a Michigan limited liability company (together with its successors and assigns, the “Lender”).
