PRE-FUNDED COMMON STOCK PURCHASE WARRANT DATA443 RISK MITIGATION, INC.Data443 Risk Mitigation, Inc. • July 24th, 2023 • Services-prepackaged software
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Dawson James Securities, Inc. or its 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 Uplisting Date (as defined in that certain Convertible Promissory Note (the “Note”) of the Company in favor of Walleye Opportunities Master Fund Ltd dated as of June 30, 2023 (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Data443 Risk Mitigation, Inc., a Nevada corporation (the “Company”), up to 32,500,000 shares (in any event, as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
COMMON STOCK PURCHASE WARRANT DATA443 RISK MITIGATION, INC.Common Stock Purchase Warrant • July 24th, 2023 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • Nevada
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with the Amendment (as defined below)), Auctus Fund, LLC, a Delaware 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 DATA443 RISK MITIGATION, INC., a Nevada corporation (the “Company”), 25,000,000 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. This Warrant is issued by the Company as of the date hereof in connection with that certain global amendment dated July 3, 2023, by and among the Company and the Holder (the “Amendment”).
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE...Data443 Risk Mitigation, Inc. • July 24th, 2023 • Services-prepackaged software • Nevada
THIS NOTE HAS BEEN ISSUED WITH “ORIGINAL ISSUE DISCOUNT” FOR U.S. FEDERAL INCOME TAX PURPOSES. THE ISSUER OF THIS NOTE WILL MAKE AVAILABLE TO ANY HOLDER OF THIS NOTE: (1) THE ISSUE PRICE AND ISSUE DATE OF THE NOTE, (2) THE AMOUNT OF ORIGINAL ISSUE DISCOUNT ON THE NOTE, (3) THE YIELD TO MATURITY OF THE NOTE, AND (4) ANY OTHER INFORMATION REQUIRED TO BE MADE AVAILABLE BY U.S. TREASURY REGULATIONS UPON RECEIVING A WRITTEN REQUEST FOR SUCH INFORMATION AT THE FOLLOWING ADDRESS: 4000 Sancar Drive, Triangle Research Park, North Carolina 27709.
CONVERTIBLE NOTE PURCHASE AGREEMENTConvertible Note Purchase Agreement • July 24th, 2023 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • Nevada
This Convertible Note Purchase Agreement (this “Agreement”) is dated as of June 30, 2023, by and among ________________ (the “Purchaser”), and Data443 Risk Mitigation, Inc., a Nevada corporation (“Data443” or the “Company”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 24th, 2023 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of June 30, 2023, by and between DATA443 RISK MITIGATION, INC., a Nevada corporation, with headquarters located at 4000 Sancar Drive, Suite 400, Research Triangle Park, NC 27709 (the “Company”), and _____________., a Delaware limited partnership, with its address at ______________ (the “Buyer”).
SECURITY AGREEMENTSecurity Agreement • July 24th, 2023 • Data443 Risk Mitigation, Inc. • Services-prepackaged software
THIS SECURITY AGREEMENT (the “Agreement”) is entered into as of June 30, 2023 by and between DATA443 RISK MITIGATION, INC., a Nevada corporation (“Debtor”), and the secured parties listed on the signature pages hereto, (each, a “Secured Party” and together, the “Secured Parties”).
GLOBAL AMENDMENTData443 Risk Mitigation, Inc. • July 24th, 2023 • Services-prepackaged software
THIS GLOBAL AMENDMENT to the Transaction Documents (as defined below) (the “Amendment”) is entered into on July 5, 2023, and made effective as of June 30, 2023 (the “Effective Date”), by and between DATA443 RISK MITIGATION, INC., a Nevada corporation (the “Company”), and Auctus Fund, LLC, a Delaware limited liability company (the “Holder”) (each the Company and the Holder a “Party” and collectively the “Parties”).
EXCHANGE AGREEMENTExchange Agreement • July 24th, 2023 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • Nevada
THIS EXCHANGE AGREEMENT (the “Agreement”), dated as of June 30, 2023, is entered into by and between DATA443 RISK MITIGATION INC., a Nevada corporation (the “Company”) and Westland Properties, LLC (the “Holder”). As used herein, the term “Parties” shall be used to refer to the Company and Holder jointly.
