SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 26th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 26, 2024, between Eightco Holdings Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of January 26, 2022, is by and among Cryptyde, Inc., a Nevada corporation with offices located at 2009 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”), and solely in connection with Sections 3(ww) and 4(i), Vinco Ventures, Inc. (“Vinco”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 11, 2021, is by and among Cryptyde, Inc., a Nevada corporation with offices located at 2009 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 16th, 2023 • Cryptyde, Inc. • Paperboard containers & boxes
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March [●], 2023, by and among Cryptyde, Inc., a Delaware corporation, with headquarters located at 200 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (each, a “Buyer” and collectively, the “Buyers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 16th, 2023 • Cryptyde, Inc. • Paperboard containers & boxes • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of March 15, 2023, by and among Cryptyde, Inc., a Delaware corporation, with headquarters located at 200 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 26, 2022, between Cryptyde Inc., a Nevada corporation with offices located at 2009 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (the “Company”), each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”) and with regard to Sections 3.1(y), 4.4, 4.6, 5.5, 5.8 and 5.17, Vinco Ventures, Inc., a Nevada corporation (“Vinco”).
Eightco Holdings Inc. Up to $2,000,000 of Common Stock AT-THE-MARKET ISSUANCE SALES AGREEMENTEightco Holdings Inc. • April 25th, 2024 • Short-term business credit institutions • New York
Eightco Holdings Inc., a Delaware corporation (the “Company”), proposes to issue and sell through Univest Securities, LLC, as selling agent (the “Agent”), shares of common stock, par value $0.001 per share, of the Company (the “Common Stock”), having an aggregate offering price of up to US$2,000,000 of Common Stock (the Common Stock subject to this At-The-Market Issuance Sales Agreement (this “Agreement”) being referred to herein as the “Shares”) on terms set forth herein and subject to the limitations set forth in Section 2(a) hereof. The Shares consist entirely of authorized but unissued shares of Common Stock to be issued and sold by the Company.
LOAN AND SECURITY AGREEMENT SERIES cLoan and Security Agreement • October 24th, 2023 • Eightco Holdings Inc. • Short-term business credit institutions • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and dated as of October [●], 2023 and is entered into by and among (a) FOREVER 8 FUND, LLC, a Delaware limited liability company (the “Borrower”); (b) the several individuals, financial institutions or entities from time to time parties to this Agreement as lenders (collectively, referred to as “Lenders” and each a “Lender”); and (c) the administrative and collateral agent for the Lender (s). Otherwise, the term “Agent” shall refer to each Lender and the Lenders collectively if applicable ( the “Agent”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • Delaware
This Agreement, made and entered into as of the __ day of ________, 2022 (“Agreement”), by and between Cryptyde, Inc., a Delaware corporation (“Company”), and _______ (“Indemnitee”):
EMPLOYMENT AGREEMENTEmployment Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • Florida
This Employment Agreement (this “Agreement”) is made and entered into as of March 9, 2022, by and between Cryptyde, Inc., a corporation organized and existing under the laws of the State of Nevada (the “Company”), and Brett Vroman (“Executive”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 5th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • Florida
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 1, 2022 (the “Execution Date”), is entered into by and between Cryptyde, Inc., a Delaware corporation (the “Company”), the undersigned sellers (the “Sellers”) identified on the signature pages to that certain Membership Interest Purchase Agreement, by and between the parties hereto, dated as September 14, 2022 (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”), and Paul Vassilakos, in his capacity as representative of the Sellers (the “Sellers’ Representative”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement.
AMENDMENT AGREEMENTAmendment Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • New York
This AMENDMENT AGREEMENT (the “Agreement”), dated as of November 11, 2021, is made by and among Vinco Ventures, Inc., a Nevada corporation, with headquarters located at 1 West Broad Street, Suite 1004, Bethlehem, Pennsylvania 18018 (“BBIG”), Cryptyde, Inc., a Nevada corporation, with headquarters located at 2009 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (“TYDE”) 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 Warrants (as defined below).
AMENDED AND RESTATED TAX MATTERS AGREEMENT By and between VINCO VENTURES, INC. and CRYPTYDE, INC. Dated as of June 7, 2022Tax Matters Agreement • June 8th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes
THIS AMENDED AND RESTATED TAX MATTERS AGREEMENT (this “Agreement”), effective as of May 5, 2022, is entered into as of June 7, 2022, by and between Vinco Ventures, Inc., a Nevada corporation (“Vinco”), and Cryptyde, Inc., a Delaware corporation and wholly owned subsidiary of Vinco (“Cryptyde”). Each of Vinco and Cryptyde is sometimes referred to herein as a “Party” and, collectively, as the “Parties.”
PLEDGE AGREEMENT (Restricted Funds Account)Pledge Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • New York
PLEDGE AGREEMENT (this “Agreement”), dated as of [_____], 2022, made by Cryptyde, Inc., a Nevada corporation (the “Company”), in favor of Hudson Bay Master Fund Ltd, a Cayman Islands exempted company, in its capacity as collateral agent for the Secured Parties referred to below (in such capacity, together with its successors and assigns in such capacity, if any, the “Collateral Agent”).
CRYPTYDE, INC. March [●], 2023Lock-Up Agreement • March 16th, 2023 • Cryptyde, Inc. • Paperboard containers & boxes
DEBT EXCHANGE AGREEMENTDebt Exchange Agreement • June 5th, 2023 • Eightco Holdings Inc. • Paperboard containers & boxes
THIS DEBT EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of May 30, 2023 by and between Forever 8 Fund, LLC (the “Borrower” or “Borrower”), a Delaware corporation and TXC Services, LLC (the “Lender”), a Delaware limited liability company.
EMPLOYMENT AGREEMENTEmployment Agreement • October 5th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • Florida
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of September 27, 2022 and is entered into by and between Brett Vroman the “Executive”) and Cryptyde, Inc., a Delaware limited liability company (the “Company”). The Company and the Executive shall be referred to herein as the “Parties.”
SHARED SERVICES AGREEMENT between VINCO VENTURES, INC. and CRYPTYDE, INC. SHARED SERVICES AGREEMENTShared Services Agreement • November 8th, 2021 • Cryptyde, Inc.
THIS SHARED SERVICES AGREEMENT (this “Agreement”) is being entered into as of _______, 2021 and shall be effective on such date (the “Effective Date”), by and between Vinco Ventures, Inc., a Nevada corporation (“Vinco”) and Cryptyde, Inc., a Nevada corporation (“Cryptyde”). The above-named entities are each referred to in this Agreement as a “Party” and collectively as the “Parties”.
GENERAL RELEASE AND SEVERANCE AGREEMENTGeneral Release and Severance Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Florida
This General Release and Severance Agreement (the “Agreement”), dated as of March 17, 2024 is made and entered into by and between Kevin O’Donnell (“Employee”) and Eightco Holdings Inc., a Delaware corporation (formerly and including Cryptyde, Inc.) (the “Company”). The Company and the Executive shall be referred to herein as the “Parties.”
PAUL VASSILAKOS Sellers’ RepresentativePurchase Agreement • May 10th, 2023 • Eightco Holdings Inc. • Paperboard containers & boxes
Reference is made to that certain Membership Interest Purchase Agreement (the “F8 MIPA”), dated as of September 14, 2022, between Eightco Holdings Inc. (f/k/a Cryptyde, Inc., “Eightco”), a Delaware corporation, Forever 8 Fund, LLC (“Forever 8”), a Delaware limited liability company, the members of Forever 8 set forth on the signature page of the F8 MIPA (each a “Seller,” and collectively the “Sellers”) and Paul Vassilakos, in his capacity as representative of the Sellers (the “Sellers’ Representative”).
SUBORDINATION AGREEMENTSubordination Agreement • December 5th, 2023 • Eightco Holdings Inc. • Short-term business credit institutions
This Subordination Agreement (this “Agreement”) is made as of October __, 2023, by and among the several individuals, financial institutions or entities from time to time parties to this Agreement as subordinated lenders (collectively referred to as “Subordinated Lenders” and each a “Subordinated Lender”), Forever 8 Fund, LLC, a Delaware limited liability company (the “Obligor”), the several individuals, financial institutions or entities from time to time parties to this Agreement as Senior Lenders (collectively referred to as “Senior Lenders” and each a “Senior Lender”) and Paul Vassilakos, an individual, having an address at 234 5th Avenue, Suite 509, New York, New York 10001, in his capacity as collateral agent (“Agent”) for the Senior Lenders.
GENERAL RELEASE AND SEVERANCE AGREEMENTGeneral Release and Severance Agreement • February 26th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Florida
This General Release and Severance Agreement (the “Agreement”), dated as of February 26, 2024 is made and entered into by and between Brian McFadden (“Employee”) and Eightco Holdings Inc. (formerly and including Cryptyde, Inc.) (the “Company”).
PREPAYMENT AND REDEMPTION AGREEMENTPrepayment and Redemption Agreement • October 24th, 2023 • Eightco Holdings Inc. • Short-term business credit institutions • New York
This PREPAYMENT AND REDEMPTION AGREEMENT (as amended, the “Agreement”), dated as of October 23, 2023 is made by and between Eightco Holdings Inc. (formerly known as Cryptyde, Inc.), a Delaware corporation, with headquarters located at 200 9th Avenue North, Suite 220, Safety Harbor, Florida 34695 (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 Notes and/or the SPAs (each as defined below), as applicable.
NONQUALIFIED STOCK OPTION AGREEMENT EIGHTCO HOLDINGS INC.Nonqualified Stock Option Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
RESTRICTED STOCK UNIT AWARD AGREEMENT Cryptyde, Inc.Restricted Stock Unit Award Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes
GENERAL RELEASE AND SEVERANCE AGREEMENTGeneral Release and Severance Agreement • February 26th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Florida
This General Release and Severance Agreement (the “Agreement”), dated as of February 26, 2024 is made and entered into by and between Brett Vroman (“Employee”) and Eightco Holdings Inc. (formerly and including Cryptyde, Inc.) (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Florida
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of March 17, 2024 (the “Effective Date”) and is entered into by and between Paul Vassilakos (the “Executive”) and Eightco Holdings Inc., a Delaware corporation (formerly and including Cryptyde, Inc.) (the “Company”). The Company and the Executive shall be referred to herein as the “Parties.”
First AmendmentGeneral Release and Severance Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
This First Amendment to General Release and Severance Agreement (this “Amendment”), dated as of March 17, 2024 is made and entered into by and between Brian McFadden (“Employee”) and Eightco Holdings Inc., a Delaware corporation (formerly and including Cryptyde, Inc.) (the “Company”) for the purpose of amending that certain General Release and Severance Agreement by and between Employee and the Company, dated as of February 26, 2024 (the “Severance Agreement”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall have the meanings ascribed to such terms in the Severance Agreement.
LOAN AND SECURITY AGREEMENT SERIES DLoan and Security Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and dated as of March 15, 2024 and is entered into by and among (a) FOREVER 8 FUND, LLC, a Delaware limited liability company (the “Borrower”); (b) the several individuals, financial institutions or entities from time to time parties to this Agreement as lenders (collectively, referred to as “Lenders” and each a “Lender”); and (c) the administrative and collateral agent for the Lender (s). Otherwise, the term “Agent” shall refer to each Lender and the Lenders collectively if applicable (the “Agent”).
SEPARATION AND DISTRIBUTION AGREEMENT by and between VINCO VENTURES, INC. and CRYPTYDE, INC. Dated as of May 5 2022Separation and Distribution Agreement • May 9th, 2022 • Cryptyde, Inc. • Paperboard containers & boxes • Delaware
THIS SEPARATION AND DISTRIBUTION AGREEMENT (this “Agreement”), is entered into as of May 5, 2022, by and between Vinco Ventures, Inc., a Nevada corporation (“Vinco”), and Cryptyde, Inc., a Delaware corporation and a wholly owned subsidiary of Vinco (“Cryptyde”) (each a “Party” and together, the “Parties”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
INTERCREDITOR AGREEMENT (this “Agreement”) dated as of this 15th day of March, 2024, by and among Paul Vassilakos, an individual residing at 234 5th Ave, Suite 509, New York NY 10001 (together with his successors and permitted assigns, solely in his capacity as the administrative and collateral agent for the Secured Lenders “Agent” (as defined below), the undersigned lenders (together with its successors and permitted assigns), the “Secured Lenders”, and each individually a “Secured Lender”), and FOREVER 8 FUND, LLC, a Delaware limited liability company having its principle place of business at 101 Larry Holmes Drive, Suite 313, Easton, PA 18042 (together with its successors and permitted assigns, the “Company”; collectively with the Secured Lenders described herein, the “Parties”, and each individually a “Party”).
PROMISSORY NOTEEightco Holdings Inc. • June 5th, 2023 • Paperboard containers & boxes
The Maturity Date is June 30, 2024. Borrower may elect to extend the Maturity Date to September 30, 2024 by providing writing notice to the Lenders on or before May 31, 2024. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated May 30, 2023 , by and among Borrower, Lender, and an individual, if any, (the “Agent”) and the several individuals, banks and other financial institutions or entities from time to time party thereto as lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same d
CRYPTYDE, INC.Purchase Agreement • January 24th, 2023 • Cryptyde, Inc. • Paperboard containers & boxes
Reference is made to that certain Membership Interest Purchase Agreement (the “F8 MIPA”), dated as of September 14, 2022, between Cryptyde, Inc. (“Cryptyde”), a Delaware corporation, Forever 8 Fund, LLC (“Forever 8”), a Delaware limited liability company, the members of Forever 8 set forth on the signature page of the F8 MIPA (each a “Seller” and collectively the “Sellers”) and Paul Vassilakos, in his capacity as representative of the Sellers (the “Sellers’ Representative”).
SUBORDINATION AGREEMENTSubordination Agreement • March 18th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions
This Subordination Agreement (this “Agreement”) is made as of March 15, 2024, by and among the several individuals, financial institutions or entities from time to time parties to this Agreement as subordinated lenders (collectively referred to as “Subordinated Lenders” and each a “Subordinated Lender”), Forever 8 Fund, LLC, a Delaware limited liability company (the “Obligor”), the several individuals, financial institutions or entities from time to time parties to this Agreement as Senior Lenders (collectively referred to as “Senior Lenders” and each a “Senior Lender”) and Paul Vassilakos, an individual, having an address at 234 5th Avenue, Suite 509, New York, New York 10001, in his capacity as administrative and collateral agent (“Agent”) for the Senior Lenders.
AGREEMENTAgreement • May 7th, 2024 • Eightco Holdings Inc. • Short-term business credit institutions • Delaware
Reference is made to that certain Membership Interest Purchase Agreement, dated September 14, 2022 (the “MIPA”), by and among Eightco Holdings Inc. (formerly Cryptyde, Inc.) (the “Company”), Forever 8 Fund, LLC (“Forever 8”), the members of Forever 8 set forth on the signature pages thereto (the “Sellers”) and Paul Vassilakos, in his capacity as representative of the Sellers (the “Representative”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the MIPA.
