FOURTH AMENDMENT TO THE SERIES A-2 EXCHANGE CONVERTIBLE NOTE ISSUED ON DECEMBER 20, 2018Series a-2 Exchange Convertible Note • August 24th, 2021 • SIMPLICITY ESPORTS & GAMING Co • Retail-eating & drinking places
THIS FOURTH AMENDMENT to the Note (as defined below) (the “Amendment”) is entered into on August 19, 2021 (the “Effective Date”), by and between Simplicity Esports and Gaming Company, a Delaware corporation (the “Company”), and Maxim Group LLC (the “Holder” and collectively with the Company, the “Parties”).
COMMON STOCK PURCHASE WARRANT SIMPLICITY ESPORTS AND GAMING COMPANYSecurities Agreement • August 24th, 2021 • SIMPLICITY ESPORTS & GAMING Co • Retail-eating & drinking places • New York
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with the execution by the Holder (as defined below) and Company (as defined below) of the fourth amendment to the series A-2 exchange convertible note originally issued by Company to Holder on December 20, 2018) (the “Note”)), Maxim Group LLC, a New York limited liability company (including any permitted and registered assigns, the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of issuance hereof, to purchase from SIMPLICITY ESPORTS AND GAMING COMPANY, a Delaware corporation (the “Company”), 365,000 shares of Common Stock (the “Warrant Shares”) (whereby such number may be adjusted from time to time pursuant to the terms and conditions of this Warrant) at the Exercise Price per share then in effect.
