SECOND AMENDMENT TO CONVERTIBLE SUBORDINATED NOTE PURCHASE AGREEMENT AND SECOND AMENDMENT TO CONVERTIBLE SUBORDINATED PROMISSORY NOTEConvertible Subordinated Note Purchase Agreement • June 28th, 2018 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS SECOND AMENDMENT TO CONVERTIBLE SUBORDINATED NOTE PURCHASE AGREEMENTAND SECOND AMENDMENT TO CONVERTIBLE SUBORDINATED PROMISSORY NOTE (this “Amendment”), effective as of May 25, 2018, is made and entered into by and between MobileSmith, Inc., a Delaware corporation (the “Company”), and the holder (the “Holder”) of the Convertible Subordinated Promissory Note (the “Note”) issued by the Company on December 11, 2014 pursuant to that certain Convertible Subordinated Note Purchase Agreement, dated December 11, 2014 (as amended through the date hereof, the “Note Purchase Agreement”) between the Company and the Holder. Capitalized terms used but not defined herein have the meanings assigned to them in the Note Purchase Agreement.
TENTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED NOTE PURCHASE AGREEMENT, EIGHTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES AND SEVENTH AMENDMENT TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 28th, 2018 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS TENTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED NOTE PURCHASE AGREEMENT, EIGHTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES AND SEVENTH AMENDMENT TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), effective as of May 25, 2018, is made and entered into by and among MobileSmith, Inc., a Delaware corporation (the “Company”), the undersigned holders (the “Holders”, and each individually, a “Holder”) of the Convertible Secured Subordinated Promissory Notes (the “Notes”) issued by the Company from time to time pursuant to that certain Convertible Secured Subordinated Note Purchase Agreement, dated November 14, 2007 (as amended through the date hereof, the “Note Purchase Agreement”), among the Company and the Holders. Capitalized terms used but not defined herein have the meanings assigned to them in the Note Purchase Agreement.
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 28th, 2018 • MobileSmith, Inc. • Services-prepackaged software
This Second Amendment to Loan and Security Agreement (“Amendment”) is entered into as of June 8, 2018 between Comerica Bank (“Bank”) and MobileSmith, Inc., a Delaware corporation (“Borrower”).
