Exchange and Amendment Agreement Sample Contracts

AND FIDUCIA LTD.
Exchange and Amendment Agreement • April 1st, 2002 • Ap Holdings Inc • Services-auto rental & leasing (no drivers) • New York
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EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • March 30th, 2009 • Sino Clean Energy Inc • Industrial organic chemicals • New York

THIS EXCHANGE AND AMENDMENT AGREEMENT (this “Agreement”) is made and entered into this as of the ___th day of March, 2009, by and among Sino Clean Energy, Inc., a Nevada corporation (the “Company”), and the undersigned Purchasers. Capitalized terms used but not defined herein shall have the meanings set forth in that certain Securities Purchase Agreement, the Debentures and/or the Warrants (defined in the Recitals below).

EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • April 9th, 2013 • InspireMD, Inc. • Surgical & medical instruments & apparatus • New York

This exchange and AMENDMENT AGREEMENT (this “Agreement”), effective as of April 9, 2013 (the “Effective Date”), is entered into among INSPIREMD, INC. (the “Company”) and each holder of the Company’s 8% Original Issue Discount Senior Secured Convertible Debentures Due April 5, 2014 and five-year warrants to purchase an aggregate of 835,867 shares of common stock, $.0001 par value per share, of the Company (the “Common Stock”), at an exercise price of $7.20 per share issued on April 5, 2012 (as adjusted for the Company’s one-for-four reverse stock split of its Common Stock on December 21, 2012) (the “Holders,” and each a “Holder”), that has executed the signature page hereto.

FORM OF EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • November 8th, 2021 • Rennova Health, Inc. • Services-general medical & surgical hospitals, nec • New York

EXCHANGE AND AMENDMENT AGREEMENT (the “Agreement”) is made as of the 7th day of November 2021, by and between Rennova Health, Inc., a Delaware corporation (the “Company”) and the investor signatory hereto (the “Investor”).

EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • February 6th, 2023 • Vinco Ventures, Inc. • Games, toys & children's vehicles (no dolls & bicycles) • New York

This EXCHANGE AND AMENDMENT AGREEMENT (the “Agreement”), dated as of [•], 2023, is made by and between Vinco Ventures, Inc., a Nevada corporation, with headquarters located at 24 Aspen Park Blvd., East Syracuse, NY 13057 (the “Company”), and the investor listed on the signature page attached hereto (the “Holder”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the July SPA (as defined below) or July Note (as defined below), as applicable.

EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • March 7th, 2023 • NightFood Holdings, Inc. • Sugar & confectionery products • New York

THIS EXCHANGE AND AMENDMENT AGREEMENT, dated as of February [23], 2023, is entered into by and among Puritan Partners LLC, a New York limited liability company having a place of business located at 4 Puritan Rd., Rye, NY 10580 (“Puritan”), Verition Multi-Strategy Master Fund Ltd., PO Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands (“Verition and, collectively with Puritan, “Holders” and each of Puritan and Verition sometimes a “Holder”), and Nightfood Holdings, Inc., a Nevada corporation (the “Company” and, with the Holders, the “Parties” and sometimes individually, a “Party”), having a principal place of business located at 520 White Plains Road, Suite 500, Tarrytown, New York 10591.

Contract
Exchange and Amendment Agreement • July 10th, 2003 • Lifestream Technologies Inc • Surgical & medical instruments & apparatus • Nevada

EXCHANGE AND AMENDMENT AGREEMENT THIS EXCHANGE AND AMENDMENT AGREEMENT (this "Agreement"), dated as of May 12, 2003, is made by and among Lifestream Technologies, Inc., a Nevada corporation, with headquarters located at 510 West Clearwater Loop, Suite 101, Post Falls, Idaho 83854 (the "Company"), and the undersigned investors (individually, an "Investor" and collectively, the "Investors"). WHEREAS: A. The Investors currently are the holders of: (i) those certain Convertible Term Notes of the Company (collectively, the "Notes"), which Notes are convertible into certain shares (collectively, the "Note Shares") of the Company's common stock, par value $0.001 per Share (the "Common Stock"); and (ii) those certain Warrants to Purchase Shares of Common Stock of the Company (collectively, the "Warrants"), which Warrants are exercisable for certain shares of Common Stock (collectively, the "Warrant Shares"), all as more particularly set forth underneath each Investor's name on Schedule A attac

EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • April 7th, 2023 • Nam Tai Property Inc. • Real estate • New York

This Exchange and Amendment Agreement (the “Agreement”) is executed as of April 5, 2023 by and among Nam Tai Property Inc., a business company incorporated under the laws of the British Virgin Islands (the “Company”), and IAT Insurance Group, Inc. (“IAT”), and shall be effective as of the Effective Time (as defined below). The parties to this Agreement are hereinafter referred to individually as a “Party” or collectively as the “Parties”.

EXCHANGE AND AMENDMENT AGREEMENT
Exchange and Amendment Agreement • December 15th, 2014 • DARA BioSciences, Inc. • Pharmaceutical preparations • North Carolina

THIS EXCHANGE AND AMENDMENT AGREEMENT (this “Agreement”), is made and entered into as of December 11, 2014 (the “Effective Date”) by and among DARA THERAPEUTICS, INC., a North Carolina corporation (the “Company”), and DARA BIOSCIENCES, INC., a Delaware corporation (“Parent” and, together with Company, “DARA”), on the one hand, and THE GENERAL HOSPITAL CORPORATION D/B/A MASSACHUSETTS GENERAL HOSPITAL, a Massachusetts not-for-profit corporation (“General”), on the other hand.

Re: Exchange and Amendment Agreement
Exchange and Amendment Agreement • April 15th, 2013 • InspireMD, Inc. • Surgical & medical instruments & apparatus

Reference is made to that certain Exchange and Amendment Agreement, dated as of April 9, 2013 (the “Agreement”), by and among InspireMD, Inc., a Delaware corporation (the “Company”), and certain holders identified on the signature pages thereto (the “Holders”), as such Agreement may be amended from time to time. All capitalized terms in this letter (the “Letter Agreement”) shall have the meanings assigned to them under the Agreement, unless otherwise defined herein.

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