Re:Amended & Restated Termination AgreementOriginal Termination Agreement • April 18th, 2023 • Tempo Automation Holdings, Inc. • Printed circuit boards
Reference is made to that certain letter agreement, dated as of September 4, 2022, by and among ACE Convergence Acquisition Corp. (“ACE”), Tempo Automation, Inc. (“Tempo” and together with ACE, the “Company”), Oaktree Capital Management, L.P., (“OCM”) and OCM Tempo Holdings, LLC (together with OCM, “Oaktree”) (as amended by those certain letter agreements, dated as of October 11, 2022 and November 15, 2022, the “Original Termination Agreement”), pursuant to which Oaktree, among other things, agreed to (a) waive a portion of the termination fee due and payable to Oaktree under that certain Subscription Agreement, dated as of January 18, 2022, by and among ACE, Tempo, OCM and certain other parties thereto (as amended, the “Subscription Agreement”) and (b) not seek payment of such termination fee, as required under the Subscription Agreement, until the earlier of (i) a bankruptcy proceeding or similar reorganization event and (ii) April 15, 2023.
