INDEMNIFICATION AND ADVANCEMENT AGREEMENTIndemnification & Liability • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is made as of [●], 2022, by and between PishPosh, Inc., a Delaware corporation (the “Company”), and [name of indemnitee],[ a member of the Board of Directors and/ an officer] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering indemnification and advancement.
EMPLOYMENT AGREEMENTEmployment Agreement • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers • Delaware
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of December [*], 2021 (the “Effective Date”) and is entered into by and between Jesse Sutton (the “Executive”) and Pish Posh Baby LLC (the “Company”). The Company and the Executive shall be referred to herein as the “Parties.”
INTERCREDITOR AGREEMENTIntercreditor Agreement • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers • New York
THIS INTERCREDITOR AGREEMENT, dated as of November 30, 2021, (this “Agreement”), is by and among Dov Kurlander (“Kurlander”), the parties identified on Schedule A hereto (each a “New Lender” and collectively the “New Lenders” and together with Kurlander each a “Lender’” and collectively the “Lenders”), and Pish Posh Baby LLC, a Delaware limited liability company (the “Company” and together with the Lenders each a “Party” and collectively the “Parties”).
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN PISHPOSH, INC. AND JESSE SUTTONEmployment Agreement • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers
This Amendment to Employment Agreement (this “Amendment”) is made and entered into as of December 20, 2022 (the “Effective Date”) by and between PishPosh, Inc. (the “Company”) and Jesse Sutton (the “Executive”).
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN PISHPOSH, INC. AND CHAIM (CHARLIE) BIRNBAUMEmployment Agreement • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers
This Amendment to Employment Agreement (this “Amendment”) is made and entered into as of January 18, 2023 (the “Amendment Effective Date”) by and between PishPosh, Inc. (the “Company”) and Chaim (Charlie) Birnbaum (the “Executive”).
ContractConvertible Security Agreement • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers • New York
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAS 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 UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO BORROWER. THIS SECURITY AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT WITH A REGISTERED BROKER-DEALER OR OTHER LOAN WITH A FINANCIAL INSTITUTION THAT IS AN “ACCREDITED INVES
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT BETWEEN PISHPOSH, INC. AND JESSE SUTTONEmployment Agreement • February 1st, 2023 • PishPosh, Inc. • Retail-nonstore retailers
This Amendment No. 2 to Employment Agreement (this “Amendment”) is made and entered into as of January 18, 2023 (the “Amendment Effective Date”) by and between PishPosh, Inc. (the “Company”) and Jesse Sutton (the “Executive”).
