ADDENDUM TO RECEIVABLES PURCHASE AGREEMENT (Purchase Order and/or Over Advance Facility)Receivables Purchase Agreement • December 18th, 2015 • Wave Systems Corp • Computer peripheral equipment, nec • California
This Addendum to the Receivables Purchase Agreement dated December 7, 2015 (RP’), is made this day of December, 2015 by and between Marble Bridge Funding Group, Inc. (“MBFG”) and Wave Systems, Corp. (“Seller”) and forms a part of the RPA. All capitalized terms used in this Addendum and not otherwise defined in this Addendum shall have the meanings given them in the RPA.
ContractWarrant Agreement • December 18th, 2015 • Wave Systems Corp • Computer peripheral equipment, nec • California
THIS WARRANT AND THE SHARES 1SSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER “THE SECURITIES ACT OF 1933 (AS AMENDED, THE “SECURITIES ACT”) OR ANY APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH APPLICABLE I.,AW.
RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 18th, 2015 • Wave Systems Corp • Computer peripheral equipment, nec • California
This RECEIVABLES PURCHASE AGREEMENT (this “Agreement”), dated December 7, 2015 (“Effective Date”), is made by and between Wave Systems Corp., with its principal office at 480 Pleasant Street, Lee, MA 01238, (“Seller”) and Marble Bridge Funding Group, Inc., having its principal office at 1440 Maria Lane, Suite 210, Walnut Creek, CA 94596. (“MBFG”).
VALIDITY GUARANTYValidity Guaranty • December 18th, 2015 • Wave Systems Corp • Computer peripheral equipment, nec
The undersigned officers and/or directors and/or shareholders in their respective capacities as Chief Executive Officer (“CEO”) and Chief Financial Officer (“CFO”) of Wave Systems Corp. located at 480 Pleasant Street, Lee, MA 01238 (“Seller”), in order to induce Marble Bridge Funding Group, Inc. (“Purchaser”) to enter into a Receivables Purchase Agreement (“Agreement”) with Seller and to from time to time make advances thereunder, hereby warrants, covenants and guaranties to Purchaser that:
