EXHIBIT 4.7 AMENDMENTAmendment and Exchange Agreement • April 11th, 2008 • Rada Electronic Industries LTD • Wholesale-electronic parts & equipment, nec
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • July 9th, 2008 • Earth Biofuels Inc • Industrial organic chemicals • New York
AMENDMENT AND EXCHANGE AGREEMENT (the "Agreement"), dated as of June 25, 2008, by and among Earth Biofuels, Inc., a Delaware corporation, with its corporate headquarters located at 3001 Knox Street, Suite 403, Dallas, Texas 75205 (the "Company") and YA Global Investments, L.P., f/k/a Cornell Capital Partners (the "Investor").
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • February 21st, 2023 • Gaucho Group Holdings, Inc. • Land subdividers & developers (no cemeteries)
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 20th day of February, 2023, by and among Gaucho Group Holdings, Inc., a Delaware corporation (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 21st, 2007 • Cash Systems Inc • Finance services • New York
AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”), dated as of August 20, 2007, by and among Cash Systems, Inc., a Delaware corporation, with headquarters located at 7350 Dean Martin Drive, Suite 309, Las Vegas, NV 89139 (the “Company”), and Highbridge International LLC (the “Investor”).
EX-10.2 2 dex102.htm AMENDMENT AND EXCHANGE AGREEMENT AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 5th, 2020 • New York
AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”), dated as of March 13, 2008, by and among Nanogen Inc., a Delaware corporation, with headquarters located at 10398 Pacific Center Court, San Diego, California 92121 (the “Company”), and (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 22nd, 2016 • RLJ Entertainment, Inc. • Services-motion picture & video tape distribution
THIS AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”) is entered into on August 19, 2016 (the “Execution Date”) by and between RLJ Entertainment, Inc., a Nevada corporation (the “Company”) and the person named on the signature page to this Agreement (the “Holder”). The Holder and the Company may be referred to herein as the “Parties”.
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • June 20th, 2012 • AtheroNova Inc. • Pharmaceutical preparations • California
THIS AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”), dated as of June 15, 2012, is by and between AtheroNova Inc., a Delaware corporation formerly known as Trist Holdings, Inc. (the “Company”), and _______________ (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 5th, 2020 • New York
This Amendment and Exchange Agreement (this “Agreement”) is made as of the __th day of April, 2017 by and between, Interpace Diagnostics Group, Inc., a Delaware corporation (the “Company”) and the holder identified on the signature page hereto (“Investor”). Capitalized terms not defined herein shall have the meaning as set forth in the Initial Exchange Agreement (as defined below).
EX-10.1 3 f8k121818ex10-1_helios.htm FORM OF DECEMBER 2018 AMENDMENT AND EXCHANGE AGREEMENT BY AND BETWEEN THE COMPANY AND THE HOLDERS, DATED DECEMBER [18], 2018 FORM OF DECEMBER 2018 AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 5th, 2020
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the __ day of December, 2018, by and between Helios and Matheson Analytics Inc., a Delaware corporation with offices located at Empire State Building, 350 5th Avenue, New York, New York 10118 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • April 29th, 2008 • FP Tech Holdings, LLC • Services-advertising • New York
AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”), dated as of April 24, 2008, by and among Firepond, Inc. (formerly known as FP Technology, Inc.), a Delaware corporation, with headquarters located at 205 Newbury Street, Suite 204, Framingham, MA 01701 (the ”Company”) and (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • March 24th, 2020 • ShiftPixy, Inc. • Services-employment agencies
THIS AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”) is dated as of March 23, 2020, by and between ShiftPixy, Inc., a Wyoming corporation (the “Company”), and Alpha Capital Anstalt (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • July 16th, 2013 • Worlds Inc • Services-prepackaged software
This Amendment and Exchange Agreement (the “Agreement”), dated as of July 15, 2013, is by and between Worlds Inc., a Delaware corporation with offices located at 11 Royal Road, Brookline, MA 02445 (the “Company”), and the holder identified on the signature page hereto (“Holder”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 21st, 2007 • Cash Systems Inc • Finance services • New York
AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”), dated as of August 20, 2007, by and among Cash Systems, Inc., a Delaware corporation, with headquarters located at 7350 Dean Martin Drive, Suite 309, Las Vegas, NV 89139 (the “Company”), and Highline Capital Partners QP, LP (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 22nd, 2016 • RLJ Entertainment, Inc. • Services-motion picture & video tape distribution • New York
THIS AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”) is entered into on August 19, 2016 (the “Execution Date”) by and between RLJ Entertainment, Inc., a Nevada corporation (the “Company”) and the persons named on the signature page to this Agreement (the “Holders”). The Holders and the Company may be referred to herein as the “Parties”.
EX-10.1 3 f8k100318ex10-1_helios.htm OCTOBER 2018 AMENDMENT AND EXCHANGE AGREEMENT BY AND BETWEEN THE COMPANY AND THE REMAINING JUNE HOLDER, DATED OCTOBER 4, 2018 OCTOBER 2018 AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 5th, 2020
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 4th day of October, 2018, by and between Helios and Matheson Analytics Inc., a Delaware corporation with offices located at Empire State Building, 350 5th Avenue, New York, New York 10118 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • October 5th, 2017 • Helios & Matheson Analytics Inc. • Services-miscellaneous business services
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 1st day of October, 2017, by and among Helios and Matheson Analytics Inc., a Delaware corporation with offices located at Empire State Building, 350 5th Avenue, New York, New York 10118 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • December 30th, 2013 • Spherix Inc • Services-testing laboratories
This Amendment and Exchange Agreement (the “Agreement”), dated as of [__], 20[__], is entered into by and among Spherix Incorporated, a Delaware corporation (the “Company”), and the holder identified on the signature page hereto (“Holder”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 1st, 2008 • Hythiam Inc • Services-misc health & allied services, nec • New York
AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”), dated as of July 31, 2008, by and between Hythiam, Inc., a Delaware corporation with headquarters located at 11150 Santa Monica Boulevard, Suite 1500, Los Angeles, California 90025 (the “Company”) and Highbridge International LLC (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • February 5th, 2024 • Nauticus Robotics, Inc. • General industrial machinery & equipment, nec • New York
THIS AGREEMENT AND EXCHANGE AGREEMENT (this “Agreement”) is entered into as of January 30, 2024, among NAUTICUS ROBOTICS, INC. (f/k/a Cleantech Acquisition Corp.), a Delaware corporation (the “Company”), NAUTICUS ROBOTICS HOLDINGS, INC. (f/k/a Nauticus Robotics, Inc.), a Texas corporation (the “Nauticus Sub”), NAUTIWORKS LLC, a Delaware limited liability company (“NautiWorks”), NAUTICUS ROBOTICS FLEET LLC, a Delaware limited liability company (“Nauticus Fleet”), NAUTICUS ROBOTICS USA LLC, a Delaware limited liability company ( “Nauticus USA”, and together with the Company, the Nauticus Sub, NautiWorks, Nauticus Fleet and the other debtor parties joined to the Pledge and Security Agreement from time to time, collectively, the “Debtors”) and the undersigned investor (the “Investor”), in its capacity as a holder of the Existing Debenture and the Existing Warrant (each as defined below).
ContractAmendment and Exchange Agreement • April 14th, 2016 • Cellectar Biosciences, Inc. • Pharmaceutical preparations • Delaware
AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”) is made as of the 13 day of April 2016, by and between, Cellectar Biosciences, Inc., a Delaware corporation (the “Company”), and the investors signatory hereto (each, a “Investor”, and collectively, the “Investors”). Defined terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 5th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the date set forth on the signature pages below, by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 12400 High Bluff Drive, Suite 600, San Diego, California 92130 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • November 14th, 2006 • Image Entertainment Inc • Services-allied to motion picture production • New York
THIS AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”) is made as of this 10th day of November, 2006, by and among Image Entertainment, Inc., a Delaware corporation, with headquarters located at 20525 Nordhoff Street, Suite 200, Chatsworth, California 91311 (the “Company”) and Portside Growth and Opportunity Fund (the “Investor”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • September 20th, 2019 • AMERI Holdings, Inc. • Semiconductors & related devices
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the ___ day of September, 2019, by and among AMERI Holdings, Inc., a Delaware corporation (the “Company”), and the undersigned holder of the Existing Warrant (as defined below) (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • January 3rd, 2007 • Ascendia Brands, Inc. • Communications services, nec • New York
AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”), dated as of December 27, 2006, by and among Ascendia Brands, Inc. (f/k/a Cenuco, Inc.), a Delaware corporation, with headquarters located at 100 American Metro Boulevard, Suite 108, Hamilton, NJ 08619 (the “Company”), Prencen Lending LLC, a Delaware limited liability company (the “Debt Investor”) and Prencen LLC, a Delaware limited liability company (the “Equity Investor”, and collectively with the Debt Investor, the “Investors”). Capitalized terms not defined herein shall have the meaning as set forth in the Amended Securities Purchase Agreement (as defined below).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • October 7th, 2019 • YayYo, Inc. • Services-computer processing & data preparation • Illinois
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 12th day of September, 2018, by and among YayYo, Inc., a Delaware corporation with offices located at 433 North Camden Drive, Suite 600, Beverly Hills, California 90210 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • December 10th, 2008 • China VoIP & Digital Telecom Inc. • Services-prepackaged software • Nevada
AMENDMENT AND EXCHANGE AGREEMENT (this "Agreement"), dated as of December 8, 2008, by and among China VoIP & Digital Telecom Inc., a Nevada corporation, with headquarters located at No.786 Xinluo Street, High-tech Industrial Development Zone, Jinan, China 250101 (the "Company"), and Castlerigg Master Investments Ltd. (the "Investor").
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 7th, 2012 • China Shen Zhou Mining & Resources, Inc. • Metal mining
This Amendment and Exchange Agreement (the “Agreement”), dated as of August 7, 2012, is by and between China Shen Zhou Mining & Resources, Inc., a Nevada corporation with headquarters located at No. 166 Fushi Road, Zeyang Tower, Shijingshan District, Beijing, China 100043, 86-010-8890-6927 (the “Company”), and the holder identified on the signature page hereto (“Holder”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • February 22nd, 2024 • RiskOn International, Inc. • Services-computer processing & data preparation • Nevada
THIS AMENDMENT AND EXCHANGE AGREEMENT (this “Agreement”), dated as of February 21, 2024, is entered into by and among RiskOn International, Inc. (f/k/a BitNile Metaverse, Inc.), a Nevada corporation (the “Company”), and the undersigned holder (or holders) of securities of the Company (each, a “Holder Entity”, and collectively, the “Holder”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Securities Purchase Agreement (as defined below).
FORM OF AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • August 8th, 2013 • Stereotaxis, Inc. • Electromedical & electrotherapeutic apparatus
This Amendment and Exchange Agreement (the “Agreement”), dated as of August 7, 2013, is by and between Stereotaxis, Inc., a Delaware corporation with offices located at 4320 Forest Park Avenue, Suite 100, St. Louis, MO 63108 (the “Company”), and the holder identified on the signature page hereto (“Holder”).
FORM OF AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • September 3rd, 2019 • Bat Group, Inc. • National commercial banks
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 30th day of August, 2019 (the “Effective Date”), by and among Bat Group, Inc. (formerly known as China Bat Group, Inc.), a Delaware corporation (the “Company”), and the undersigned holder of the Existing Warrant (as defined below) (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • December 21st, 2012 • American Superconductor Corp /De/ • Motors & generators
This Amendment and Exchange Agreement (the “Agreement”), dated as of December 20, 2012, is by and between American Superconductor Corporation, a Delaware corporation with offices located at 64 Jackson Road, Devens, MA 01434 (the “Company”), and the holder identified on the signature page hereto (“Holder”).
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • April 3rd, 2015 • AMEDICA Corp • Surgical & medical instruments & apparatus
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 2nd day of April, 2015, by and among Amedica Corporation, a Delaware corporation with offices located at 1885 West 2100 South, Salt Lake City, UT 84119 (the “Company”), and MG Partners II, Ltd. (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • May 5th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the date set forth on the signature pages below, by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 12400 High Bluff Drive, Suite 600, San Diego, California 92130 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
JUNE 2018 AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • June 29th, 2018 • Helios & Matheson Analytics Inc. • Services-miscellaneous business services
This Amendment and Exchange Agreement (the “Agreement”) is entered into as of the 28th day of June, 2018, by and between Helios and Matheson Analytics Inc., a Delaware corporation with offices located at Empire State Building, 350 5th Avenue, New York, New York 10118 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts:
AMENDMENT AND EXCHANGE AGREEMENTAmendment and Exchange Agreement • December 4th, 2009 • Geokinetics Inc • Crude petroleum & natural gas • New York
This Amendment and Exchange Agreement, dated December 2, 2009, by and among Geokinetics Inc., (the “Corporation”), Avista Capital Partners, L.P. (“Avista Domestic”), Avista Capital Partners (Offshore), L.P. (“Avista Offshore” and together with Avista Domestic, “Avista”), and Levant America S.A. (“Levant,” and together with Avista, the “Holders”). Capitalized terms not otherwise defined herein shall have the meanings specified for such terms in the Second Amended Certificate of Designation of Series B Senior Convertible Preferred Stock of Geokinetics Inc. filed with the Secretary of State of the State of Delaware February 23, 2009 (the “Certificate of Designation”).
