ContractWarrant Exchange Agreement Warrant Exchange Agreement • May 5th, 2020 • New York
EX-10.4 5 ex104warrantexchange.htm EXHIBIT 10.4 EXHIBIT 10.4 WARRANT EXCHANGE AGREEMENT WARRANT EXCHANGE AGREEMENT, dated as of March 25, 2016 (this “Agreement”), between SPHERE 3D CORP., an Ontario corporation (the “Company”) and MacFarlane Family Ventures, LLC, a Delaware limited liability company (the “Holder”). WHEREAS, the Holder currently owns warrants (the “Existing Holder Warrants”) to purchase up to, in aggregate, 3,031,249 common shares of the Company, no par value (“Common Shares”) issued pursuant to (i) that certain Purchase Agreement, dated as of May 13, 2015, by and between the Company and the Holder, (ii) that certain Purchase Agreement, dated as of August 10, 2015, by and between the Company and the Holder, and (iii) that certain Subscription Agreement, dated as of September 22, 2015, by and between the Company and the Holder; WHEREAS, the Holder desires to exchange, and the Company desires to allow the exchange (the “Exchange”) of, all of the Existing Holder Warrants f
