INDEMNIFICATION AGREEMENTIndemnification Agreement • October 1st, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of ________, 2021 between AvidXchange Holdings, Inc., a Delaware corporation (the “Company”), and __________ (“Indemnitee”).
AvidXchange Holdings, Inc. Common Stock, par value $0.001 per share Underwriting AgreementUnderwriting Agreement • October 4th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
AvidXchange Holdings, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as Representatives, an aggregate of [***] shares and, at the election of the Underwriters, up to [***] additional shares of common stock, par value $0.001 per share (“Stock”), of the Company. The aggregate of [***] shares to be sold by the Company is herein called the “Firm Shares” and the aggregate of [***] additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
CREDIT AND GUARANTY AGREEMENT dated as of October 1, 2019 among AVIDXCHANGE HOLDINGS, INC. AVIDXCHANGE, INC., AVIDXCHANGE FINANCIAL SERVICES, INC., PIRACLE, INC., STRONGROOM SOLUTIONS, INC., ARIETT BUSINESS SOLUTIONS, INC., AFV HOLDINGS ONE, INC., BTS...Credit and Guaranty Agreement • October 4th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
This CREDIT AND GUARANTY AGREEMENT, dated as of October 1, 2019, is entered into by and among AVIDXCHANGE HOLDINGS, INC., a Delaware corporation (“Holdings”), AVIDXCHANGE, INC., a Delaware corporation (“Parent”), AVIDXCHANGE FINANCIAL SERVICES, INC., a Delaware corporation (“AFS”), PIRACLE, INC., a Utah corporation (“Piracle”), STRONGROOM SOLUTIONS, INC., a Texas corporation (“Strongroom”), ARIETT BUSINESS SOLUTIONS, INC., a Massachusetts corporation (“Ariett”), AFV HOLDINGS ONE, INC., a North Carolina corporation (“AFV”), BTS ALLIANCE, LLC, a Delaware limited liability company (“BankTEL”), AFV HOLDINGS II, LLC, a North Carolina limited liability company (“AFV II”), and CORE ASSOCIATES, LLC, a Delaware limited liability company (“CORE”), OAK HC/FT FPP BLOCKER CORP., a Delaware corporation (“OAK”), AO HOLDING CO., a Delaware corporation (“AO Holding”), FP SERVICES INC., a Delaware corporation (“FP Services”), FASTPAY PAYMENT TECHNOLOGIES, INC., a Delaware corporation (“FastPay”), FPP EN
EMPLOYMENT AGREEMENTEmployment Agreement • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • North Carolina
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into by and between Joel Wilhite (“Executive”) and AvidXchange, Inc. (the “Company”) as of August 26, 2021. Executive and the Company are collectively referred to as the “Parties” or individually as a “Party”.
CREDIT AND SECURITY AGREEMENT among AVIDXCHANGE, INC. AND THE OTHER DOMESTIC SUBSIDIARY BORROWERS THAT MAY BECOME PARTIES HERETO as Borrowers THE LENDERS NAMED HEREIN as Lenders and KEYBANK NATIONAL ASSOCIATION as Administrative Agent and Issuing...Credit and Security Agreement • January 4th, 2023 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
This CREDIT AND SECURITY AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this “Agreement”) is dated December 29, 2022 among:
Pursuant to 17 CFR 229.601, certain identified information marked “[**]” has been excluded from this exhibit because it is both (i) not material and (ii) is the type the registrant treats as private and confidential and would be competitively harmful...AvidXchange Holdings, Inc. • September 17th, 2021 • Services-prepackaged software • Tennessee
This Comdata MasterCard Corporate Card Agreement is made and entered into by and between Comdata Inc. (“Comdata”) and the Customer named below relating to the establishment of MasterCard account(s) with Comdata pursuant to the terms and conditions set forth herein. This Agreement consists of (i) this Cover Page, (ii) the General Terms and Conditions attached hereto, and (iii) any Service Schedules attached hereto (collectively, the “Agreement”).
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • March 1st, 2023 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
PLEDGE AND SECURITY AGREEMENT dated as of October 1, 2019 between EACH OF THE GRANTORS PARTY HERETO and TPG SPECIALTY LENDING, INC., as Collateral AgentPledge and Security Agreement • October 1st, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of October 1, 2019 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between EACH OF THE UNDERSIGNED, whether as an original signatory hereto or as an Additional Grantor (as herein defined) (each, a “Grantor”), and TPG SPECIALTY LENDING, INC., as collateral agent for the Secured Parties (as herein defined) (in such capacity as collateral agent, together with its successors and assigns in such capacity, the “Collateral Agent”).
SECOND AMENDMENT AGREEMENTSecond Amendment Agreement • February 29th, 2024 • AvidXchange Holdings, Inc. • Services-prepackaged software • New York
AVIDXCHANGE, INC. EIGHTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Delaware
This Eighth Amended and Restated Investor Rights Agreement (the “Agreement”) is entered into as of July 9, 2021, by and among AvidXchange, Inc., a Delaware corporation (the “Company”), the holders of the Company’s Series A Convertible Preferred Stock (the “Series A Stock”) listed on Exhibit A with the Company’s copy of this Agreement (each individually a “Series A Holder” and, collectively, the “Series A Holders”), the holders of the Company’s Series B Convertible Preferred Stock (the “Series B Stock”) listed on Exhibit B with the Company’s copy of this Agreement (each individually a “Series B Holder” and, collectively, the “Series B Holders”), the holders of the Company’s Series C Convertible Preferred Stock (the “Series C Stock”) listed on Exhibit C with the Company’s copy of this Agreement (each individually a “Series C Holder” and, collectively, the “Series C Holders”), the holders of the Company’s Series D Convertible Preferred Stock (the “Series D Stock”) listed on Exhibit D with
AGREEMENT AND PLAN OF MERGER AMONG AVIDXCHANGE HOLDINGS, INC. AVIDXCHANGE HOLDINGS MERGER SUB, INC. AND AVIDXCHANGE, INC.Agreement and Plan of Merger • September 17th, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 4, 2021, is made by and among AvidXchange, Inc., a Delaware corporation (the “Company”), AvidXchange Holdings, Inc., a Delaware corporation (“Parent”), and AvidXchange Holdings Merger Sub, Inc., a Delaware corporation (“Buyer”).
LEASE AGREEMENT Dated as of October __, 2015 By and Between LEX CHARLOTTE AXC L.P. and AVIDXCHANGE, INC.Lease Agreement • October 1st, 2021 • AvidXchange Holdings, Inc. • Services-prepackaged software
THIS LEASE AGREEMENT (this “Lease”) is dated as of October 27, 2015 (“Effective Date”), by and between LEX CHARLOTTE AXC L.P. (“Landlord”), and AVIDXCHANGE, INC. (“Tenant”; Landlord and Tenant are together, the “Parties” and individually a “Party”).
