Third Amended and Restated LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 15th, 2015 • Digital Turbine, Inc. • Patent owners & lessors • Delaware
This THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of June 11, 2015 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and Digital Turbine Media, Inc. (f/k/a Appia, Inc., f/k/a PocketGear, Inc.), a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ContractCommercial Lease Agreement • June 15th, 2015 • Digital Turbine, Inc. • Patent owners & lessors • Texas
COMMERCIAL LEASE AGREEMENT This lease agreement is made and entered into by and between Thomas C. Calhoon (Landlord) and Digital Turbine, Inc. (Tenant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property with the improvements thereon, hereinafter called the “leased premises”, known as 219 West 4th, in the City of Austin, Travis County, Texas; or as more particularly described below and on attached exhibit “A”. Legal: Lot 12, Black 028, Original City, the northernmost 80.9’ on floors 1 & 2 only, see Exhibit “B”. The term of this lease shall commence on October 1, 2015, and ending on December 31,2022, upon the following conditions and covenants: 1. TAXES AND UTILITIES. Each year during the term of this lease, Tenant shall pay real estate taxes assessed against the leased premises. Tenant to Escrow with Landlord 1112 of annual estimated Taxes monthly with Landlord. Tenant shall also pay all charges for utility services to the leased premises. Ten
