LOAN AND SECURITY AGREEMENT SERIES cLoan and Security Agreement • October 24th, 2023 • Eightco Holdings Inc. • Short-term business credit institutions • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and dated as of October [●], 2023 and is entered into by and among (a) FOREVER 8 FUND, LLC, a Delaware limited liability company (the “Borrower”); (b) the several individuals, financial institutions or entities from time to time parties to this Agreement as lenders (collectively, referred to as “Lenders” and each a “Lender”); and (c) the administrative and collateral agent for the Lender (s). Otherwise, the term “Agent” shall refer to each Lender and the Lenders collectively if applicable ( the “Agent”).
form [F101023 05] LENDER JOINDER AGREEMENTLender Joinder Agreement • October 24th, 2023 • Eightco Holdings Inc. • Short-term business credit institutions
Reference is made to that certain Loan and Security Agreement, dated as of October 4, 2023, (as the same may be amended, modified, supplemented or restated from time to time, the “Loan Agreement”), by and among (a) FOREVER 8 FUND, LLC, a Delaware limited liability company (the “Borrower”); (b) the several individuals, financial institutions or entities from time to time parties thereto as lenders (collectively, referred to as “Lenders” and each a “Lender”); and (c) the administrative and collateral agent for the Lender(s) if the Lender selects such an Agent. Otherwise, the term “Agent” shall refer to each Lender and the Lenders collectively if applicable (the “Agent”). Capitalized terms not defined herein shall have the meanings assigned to such terms in the Loan Agreement.
