WAIVER AND FIRST AMENDMENT AGREEMENTWaiver and First Amendment Agreement • January 9th, 2018 • Inpixon • Services-computer programming services • New York
This FIRST AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of January 5, 2018 (“Amendment Date”) by and between Inpixon, a Nevada corporation (the “Company”), and the signatory hereto (the “Holder”) holding that certain outstanding Convertible Promissory Note, issued on November 17, 2017 (the “Note”) issued pursuant to that Securities Purchase Agreement, dated November 17, 2017 (the “SPA”) by and between the Company and the Holder. This Agreement amends the Note and the SPA and the SPA (as defined below) in accordance with Section 9.12 of the SPA and Section 18 of the Note. In this Agreement, the Company and the Holder are sometimes referred to singularly as a “party” and collectively as the “parties”. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Note or the SPA (as applicable).
