LOAN AND SECURITY AGREEMENT SERIES ALoan and Security Agreement • December 20th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and dated as of December 19, 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) if the Lender selects such an Agent. Otherwise, the term “Agent” shall refer to each Lender and the Lenders collectively if applicable (the “Agent”).
AGREEMENTSeller Notes Amendment • December 20th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Delaware
Reference is made to that certain Membership Interest Purchase Agreement, dated September 14, 2022, as amended (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.
