ContractSenior Secured Convertible Term Note • November 14th, 2013 • Remark Media, Inc. • Communications services, nec
THIS NOTE AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR AN OPINION OF COUNSEL SATISFACTORY TO BORROWER THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SUCH ACT.
AMENDMENT NUMBER TWOSecurity Agreement • November 14th, 2013 • Remark Media, Inc. • Communications services, nec • New York
This AMENDMENT NUMBER TWO (this “Amendment”) to that certain Security Agreement, dated as of November 23, 2012, as amended (the “Original Agreement”), by and between Remark Media, Inc., a Delaware corporation (“Borrower”), and Digipac, LLC, a Delaware limited liability company (“Secured Party,” and together with Borrower, the “Parties”), is made and entered into as of November 24, 2013 (the “Amendment Date”), by and between Borrower and Secured Party, with respect to the following facts:
