SENIOR EXECUTIVE EMPLOYMENT AGREEMENTSenior Executive Employment Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • Arizona
This EMPLOYMENT AGREEMENT (this “Agreement”) is made as of August 27, 2018 by and between GADSDEN GROWTH PROPERTIES, iNC., a Maryland corporation, and Scott Crist, an individual (the “Employee”).
GADSDEN GROWTH PROPERTIES, INC. FORM OF WARRANT WARRANT #[ ] TO PURCHASE [ ] SHARES OF COMMON STOCKWarrant Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
THIS CERTIFIES that, for value received, [ name ], its successors and permitted assigns (the “Holder”), is entitled, upon the terms and subject to the conditions hereinafter set forth, to subscribe for and purchase from Gadsden Growth Properties, Inc., a Maryland corporation with principal offices at 15150 Hayden Rd., Scottsdale, AZ 85260 (the “Company”), together with its successors and assigns including, without limitation, any entity in to which the Company may convert, [ ] Shares of the Company stock listed for trading (the “Securities”), at the Exercise Price (defined below), subject to the provisions and upon the terms and conditions hereinafter set forth.
Supplement to the Sale AgreementSale Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
SALE AGREEMENT, dated as of June 15, 2018 As supplemented by the letter agreement dated as of July 10, 2018 (collectively, this “Agreement”), by and among the following Persons:
CLAIMS PURCHASE AGREEMENTClaims Purchase Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
THIS CLAIMS PURCHASE AGREEMENT (the “Agreement”), dated as of May 29, 2018, by and between First Capital Real Estate Operating Partnership, LP, a Limited Partnership organized under the laws of Delaware (the “Seller”), and Gadsden Growth Properties, INC, a Maryland Corporation (the “Buyer”).
DST PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
OMNIBUS SALE AGREEMENT, dated as of May 29, 2018 (this “Agreement”), by and among FIRST CAPITAL REAL ESTATE OPERATING PARTNERSHIP, LP, a Delaware Limited Partnership, and GADSDEN GROWTH PROPERTIES, INC., a Maryland corporation (the “REIT”).
Loan and Security AgreementLoan and Security Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus
FORBEARANCE AGREEMENTForbearance Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
This Forbearance Agreement (the “Agreement”) is made and entered into as of October 3, 2018 by and among Gadsden Growth Properties, L.P., a Delaware limited partnership (the “Company” or “Borrower”), Gadsden Growth Properties, Inc., a Maryland corporation (the “Guarantor”), and The Pigman Companies, LLC, a California limited liability company (“TPC”). Capitalized terms used in this Agreement that are not otherwise defined in this Agreement shall have the respective meanings ascribed thereto in the Loan Agreement (as defined below).
GADSDEN GROWTH PROPERTIES, INC. 2016 EQUITY COMPENSATION PLAN RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
WHEREAS, the Company adopted the Gadsden Growth Properties, Inc. 2016 Equity Compensation Plan (the “Plan”), which Plan authorizes, among other things, the grant of restricted shares of the Company’s common stock (“Common Stock”), to directors, officers and employees of the Company and to other individuals; and
DST PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • December 28th, 2018 • FC Global Realty Inc • Electromedical & electrotherapeutic apparatus • New York
OMNIBUS SALE AGREEMENT, dated as of May 29, 2018 (this “Agreement”), by and among FIRST CAPITAL REAL ESTATE OPERATING PARTNERSHIP, LP, a Delaware Limited Partnership, and GADSDEN GROWTH PROPERTIES, INC., a Maryland corporation (the “REIT”), and GADSDEN GROWTH PROPERTIES, LP, a Delaware limited partnership (“OPCO”).
