ContractNote • July 23rd, 2018 • Lm Funding America, Inc. • Finance services • New York
THIS AMENDED AND RESTATED NOTE HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT OR PURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. IN ADDITION, HEDGING TRANSACTIONS INVOLVING THIS AMENDED AND RESTATED NOTE MAY NOT BE CONDUCTED UNLESS IN ACCORDANCE WITH THE SECURITIES ACT. ANY TRANSFEREE OF THIS AMENDED AND RESTATED NOTE SHOULD CAREFULLY REVIEW THE TERMS OF THIS AMENDED AND RESTATED NOTE, INCLUDING SECTION AND 17(a) HEREOF. THE PRINCIPAL AMOUNT REPRESENTED BY THIS AMENDED AND RESTATED NOTE MAY BE LESS THAN THE AMOUNTS SET FORTH ON THE FACE HEREOF PURSUANT TO SECTION 3(c)(ii) OF THIS AMEND
AMENDED AND RESTATED WARRANT TO PURCHASE COMMON SHARESWarrant Agreement • July 23rd, 2018 • Lm Funding America, Inc. • Finance services • New York
This Amended and Restated Warrant to Purchase Common Shares (this “Warrant”) amends, restates and replaces that certain Warrant to Purhase Common Shares, dated April 2, 2018, issued to the Holder, as amended from time to time, and is one warrant, or one of a series of similar warrants, issued pursuant to that certain Securities Purchase Agreement, dated as of even date hereof, by and among the Company and the Purchaser(s) identified therein (the “Purchase Agreement”). All such warrants are referred to herein, collectively, as the “Warrants.”
AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 23rd, 2018 • Lm Funding America, Inc. • Finance services • New York
This AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 23, 2018 (the “Restatement Date”), is by and among LM Funding America, Inc., a Delaware corporation (the “Company”), and Esousa Holdings LLC, a New York limited liability company (the “Buyer”), and amends and restates in its entirety that certain Securities Purchase Agreement, effective as of April 2, 2018 (“Effective Date”), by and between the Company and the Buyer, as amended, supplemented or otherwise modified (the “Original Agreement”).
