EXCHANGE AGREEMENTExchange Agreement • November 13th, 2017 • Thestreet, Inc. • Newspapers: publishing or publishing & printing • New York
This EXCHANGE AGREEMENT (this “Agreement”) is made as of November 10, 2017, by and among TheStreet, Inc., a Delaware corporation (the “Company”), TCV VI, L.P., a Delaware limited partnership (“TCV VI”), and TCV Member Fund, L.P., a Cayman Islands exempted limited partnership (“TCV Member Fund” and, together with TCV VI, the “TCV Holders”). The Company and the TCV Holders are referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Investor Rights Agreement, dated as of November 15, 2007, by and among the Company and the TCV Holders (the “Investor Rights Agreement”) and the Certificate of Designation, Preferences and Rights of the Series B Preferred Stock of the Company dated as of November 15, 2007 (the “Certificate of Designation”), as applicable.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 13th, 2017 • Thestreet, Inc. • Newspapers: publishing or publishing & printing • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) dated as of November 10, 2017, by and among TheStreet, Inc., a Delaware corporation (the “Company”), and each of those entities (each an “Investor” and collectively the “Investors”) listed on the Schedule of Investors attached as Exhibit A (the “Schedule of Investors”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 13th, 2017 • Thestreet, Inc. • Newspapers: publishing or publishing & printing • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 10, 2017, by and among TheStreet, Inc., a Delaware corporation (the “Company”), and the “Investors” named in that certain Securities Purchase Agreement, dated as of November 10, 2017 (the “Purchase Agreement”), by and among the Company and the Investors (as defined below). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
