GENERAL RELEASE AND SEVERANCE AGREEMENTGeneral Release and Severance Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Florida
This General Release and Severance Agreement (the “Agreement”), dated as of March 17, 2024 is made and entered into by and between Kevin O’Donnell (“Employee”) and Eightco Holdings Inc., a Delaware corporation (formerly and including Cryptyde, Inc.) (the “Company”). The Company and the Executive shall be referred to herein as the “Parties.”
NONQUALIFIED STOCK OPTION AGREEMENT EIGHTCO HOLDINGS INC.Nonqualified Stock Option Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
EMPLOYMENT AGREEMENTEmployment Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Florida
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of March 17, 2024 (the “Effective Date”) and is entered into by and between Paul Vassilakos (the “Executive”) and Eightco Holdings Inc., a Delaware corporation (formerly and including Cryptyde, Inc.) (the “Company”). The Company and the Executive shall be referred to herein as the “Parties.”
First AmendmentGeneral Release and Severance Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
This First Amendment to General Release and Severance Agreement (this “Amendment”), dated as of March 17, 2024 is made and entered into by and between Brian McFadden (“Employee”) and Eightco Holdings Inc., a Delaware corporation (formerly and including Cryptyde, Inc.) (the “Company”) for the purpose of amending that certain General Release and Severance Agreement by and between Employee and the Company, dated as of February 26, 2024 (the “Severance Agreement”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall have the meanings ascribed to such terms in the Severance Agreement.
LOAN AND SECURITY AGREEMENT SERIES DLoan and Security Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and dated as of March 15, 2024 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”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
INTERCREDITOR AGREEMENT (this “Agreement”) dated as of this 15th day of March, 2024, by and among Paul Vassilakos, an individual residing at 234 5th Ave, Suite 509, New York NY 10001 (together with his successors and permitted assigns, solely in his capacity as the administrative and collateral agent for the Secured Lenders “Agent” (as defined below), the undersigned lenders (together with its successors and permitted assigns), the “Secured Lenders”, and each individually a “Secured Lender”), and FOREVER 8 FUND, LLC, a Delaware limited liability company having its principle place of business at 101 Larry Holmes Drive, Suite 313, Easton, PA 18042 (together with its successors and permitted assigns, the “Company”; collectively with the Secured Lenders described herein, the “Parties”, and each individually a “Party”).
SUBORDINATION AGREEMENTSubordination Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
This Subordination Agreement (this “Agreement”) is made as of March 15, 2024, by and among the several individuals, financial institutions or entities from time to time parties to this Agreement as subordinated lenders (collectively referred to as “Subordinated Lenders” and each a “Subordinated Lender”), Forever 8 Fund, LLC, a Delaware limited liability company (the “Obligor”), the several individuals, financial institutions or entities from time to time parties to this Agreement as Senior Lenders (collectively referred to as “Senior Lenders” and each a “Senior Lender”) and Paul Vassilakos, an individual, having an address at 234 5th Avenue, Suite 509, New York, New York 10001, in his capacity as administrative and collateral agent (“Agent”) for the Senior Lenders.
AGREEMENTAgreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Delaware
Reference is made to that certain Membership Interest Purchase Agreement, dated September 14, 2022 (the “MIPA”), by and among Eightco Holdings Inc. (formerly Cryptyde, Inc.) (the “Purchaser”), Forever 8 Fund, LLC (“Forever 8”), the members of Forever 8 set forth on the signature pages thereto (the “Sellers”) and Paul Vassilakos, in his capacity as representative of the Sellers (the “Sellers’ Representative”). Reference is also made to those certain Seller Notes issued to the Sellers pursuant to the MIPA. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the MIPA.
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Delaware
This Agreement, made and entered into as of the 17th day of March, 2024 (this “Agreement”), by and between Eightco Holdings Inc., a Delaware corporation (the “Company”), and Paul Vassilakos (“Indemnitee”):
