SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 4th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 3, 2014, between Eco Building Products Inc., a Colorado corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
COMMON STOCK PURCHASE WARRANT ECO BUILDING PRODUCTS INC.ECO Building Products, Inc. • October 7th, 2014 • Retail-nonstore retailers
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, M2B Funding Corporation or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after September 16, 2015 (the “Initial Exercise Date”) and on or prior to the close of business on the fifth year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Eco Building Products Inc., a Colorado corporation (the “Company”), up to 400,000,000 shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 7th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of September 16, 2014, between Eco Building Products Inc., a Colorado 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 • June 29th, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of March 26, 2010, is by and among EcoBlu Products, Inc., a Colorado corporation with offices located at 909 West Vista Way, Vista, California 92083 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
SECURITY AGREEMENTSecurity Agreement • October 7th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
This SECURITY AGREEMENT, dated as of September 16, 2014 (this “Agreement”), is among Eco Building Products Inc., a Colorado corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and the holders of the Company’s 10% Original Issue Discount Senior Secured Convertible Promissory Note due 12 months following its issuance, in the original aggregate principal amount of $833,333.34 (the “Note”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 29th, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 26, 2010, is by and among EcoBlu Products Inc., a Colorado corporation with offices located at 909 West Vista Way, Vista, California 92083 (the “Company”), and each of the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • August 27th, 2012 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
SUBSIDIARY GUARANTEE, dated as of August 13, 2012 (this “Guarantee”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”), in favor of the purchasers signatory (together with their permitted assigns, the “Purchasers”) to that certain Securities Purchase Agreement, dated as of the date hereof, between Eco Building Products, Inc., a Colorado corporation (the “Company”) and the Purchasers.
SECURITY AGREEMENTSecurity Agreement • August 13th, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This SECURITY AGREEMENT (this “Agreement”), dated as of March 26, 2010, is made by and among the grantors listed on the signature pages hereof (collectively, jointly and severally, the “Grantors” and each, individually, a “Grantor”), and the secured parties listed on the signature pages hereof (collectively, the “Secured Parties” and each, individually, a “Secured Party”).
10% ORIGINAL ISSUE DISCOUNT SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE SEPTEMBER 16, 2015Securities Purchase Agreement • October 7th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
THIS 10% Original ISSUE DISCOUNT SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is a duly authorized and validly issued 10% Original Issue Discount Senior Secured Convertible Promissory Note of Eco Building Products Inc., a Colorado corporation, (the “Company”), having its principal place of business at 909 West Vista Way, Vista, CA 92083, designated as its 10% Original Issue Discount Senior Secured Convertible Promissory Note due September 16, 2015 (this Note, the “Note”).
SECURITY AGREEMENTSecurity Agreement • March 4th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
This SECURITY AGREEMENT, dated as of February 14, 2014 (this “Agreement”), is among Eco Building Products, Inc. a Colorado corporation (“Debtor”), and the undersigned lender set forth on Schedule A hereto (the “Secured Party”).
EMPLOYMENT AGREEMENTEmployment Agreement • October 29th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • California
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered into by and between Eco Building Products, Inc., a Colorado corporation (the “Company”), and Steve Conboy, an individual (“Employee”), effective November 1st, 2013 (“Effective Date”). The Company desires to retain the services of Employee, and Employee desires to be employed by the Company for the term of this Agreement. Certain terms used in this Agreement denoted by initial capital letters are defined in Section 20.
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • October 9th, 2007 • N8 Concepts, Inc. • Retail-nonstore retailers • Colorado
THIS AGREEMENT (“Agreement”) is made effective as of the ___ day of __________, 20__ (the “Effective Date”), between JAMES H. WATSON, JR., an individual, with an address at 1869 W. Littleton Boulevard, Littleton, Colorado 80227 (“Licensor”); and N8 CONCEPTS, INC., a Colorado corporation, located at 1869 W. Littleton Boulevard, Littleton, Colorado 80227 (“Licensee”).
Hartindo AF21 Product, Purchase, Sales, Distribution, Marketing and Service AgreementMarketing and Service Agreement • November 23rd, 2009 • N8 Concepts, Inc. • Retail-nonstore retailers • Nevada
This HARTINDO AF21 PRODUCT Agreement (the “Agreement”) is made this 11th day of November, 2009 by and among Megola, Inc., a Nevada Corporation (“Supplier”) and EcoBlu Products, Inc., a Nevada Corporation (“Buyer”). This Agreement replaces all prior Agreements related to the subject.
CONFIDENTIAL EXECUTIVE SEVERANCE AGREEMENT AND GENERAL RELEASE OF ALL CLAIMSConsulting Agreement • October 17th, 2016 • ECO Building Products, Inc. • Retail-nonstore retailers • California
This Confidential Severance Agreement and General Release of Claims (“Agreement”) is made by and between Eco Building Products, Inc., a Colorado Corporation (the “Company”) and Steve Conboy (“Employee”), collectively (the “Parties”), with respect to the following facts:
BINDING LETTER OF INTENT N8 CONCEPTS, INC. AND SC BLUWOOD, INC.N8 Concepts, Inc. • April 27th, 2009 • Retail-nonstore retailers
This letter of intent ("LOI") sets forth the understanding, which has been reached between SC BluWood, Inc. a California company (“Seller") and N8 Concepts, Inc., a Colorado corporation ("Company"), concerning the acquisition of Seller by Company.
FEE AGREEMENT BETWEEN INSURFINANCIAL HOLDINGS, PLC and ECO BUILDINGFee Agreement • July 11th, 2012 • ECO Building Products, Inc. • Retail-nonstore retailers
InsurFinancial Holdings, Plc Agency Agreement ("Agreement") sets forth the binding terms and conditions, between InsurFinancial Holdings, PLC, a United Kingdom company ("Company") and ECO Building Products, Inc. a Colorado Corporation (ECO). ECO has appointed Steve Conboy as attorneyin-fact for ECO to sign all related documents for this Proposed Transaction and The Company has appointed James E. Patterson as attorney-in-fact for the Company to sign all related documents for this Proposed Transaction. Company and ECO may be referred to herein, individually, as a "Party" and, collectively, as the "Parties" with respect to this Agreement.
AMENDMENTECO Building Products, Inc. • July 11th, 2012 • Retail-nonstore retailers
Reference is made to the certain Assignment of Beneficiary of standby letter of credit instrument to Eco Building Products, Inc. ("Assignee" or "Eco") dated effective on or about the Effective Date of this document defined below, from InsurFinancial Holdings, PLC acting as the "Assignor" (the "Assignment"). This document amends the Assignment and controls the extent of any conflict. The Assignment and this Amendment should be taken and interpreted together. The parties, for good and valuable considerations received, agree to this Amendment as follows:
SECURITY AGREEMENTTrademark Security Agreement • March 29th, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This SECURITY AGREEMENT (this “Agreement”), dated as of March 26, 2010, is made by and among the grantors listed on the signature pages hereof (collectively, jointly and severally, the “Grantors” and each, individually, a “Grantor”), and the secured parties listed on the signature pages hereof (collectively, the “Secured Parties” and each, individually, a “Secured Party”).
AGREEMENTAgreement • September 2nd, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This Agreement (the “Agreement”), dated August 11, 2010, is by and between EcoBlu Products, Inc. (the “Company”) and the investor listed on the signature page hereto (the “Investor”).
WARRANT CANCELLATION AGREEMENTWarrant Cancellation Agreement • February 16th, 2011 • Ecoblu Products, Inc. • Retail-nonstore retailers • California
This WARRANT CANCELLATION AGREEMENT (this “Agreement”), dated January 12th, 2011 is made by and between SLM HOLDING PTE LTD.., a Singapore corporation (hereinafter “SLM”) and ECOBLU PRODUCTS INC., a Colorado Corporation (hereinafter “ECOB”)
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 22nd, 2009 • N8 Concepts, Inc. • Retail-nonstore retailers • Colorado
AGREEMENT AND PLAN OF MERGER, dated as of October 7, 2009 (the “Agreement”), among EcoBlu Products, Inc. (formerly N8 Concepts, Inc.) a Colorado Corporation (“ECOB”), EcoBlu Products, Inc., a Nevada corporation (“ECOBLU”), James H. Watson, Jr., an Individual(“WATSON”). Ken Relyea, an Individual(“RELYEA”), Steve Conboy(“CONBOY”), an Individual and Mark Vuozzo, an Individual(“VUOZZO”). ECOB, ECOBLU, WATSON, RELYEA, CONBOY and VUOZZO are collectively referred to herein as the “Parties”.
REVOLVING CREDIT and WARRANT PURCHASE AGREEMENTRevolving Credit and Warrant Purchase Agreement • February 16th, 2011 • Ecoblu Products, Inc. • Retail-nonstore retailers • California
THIS REVOLVING CREDIT AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is made as of February 14th , 2011 by and between MANHATTAN RESOURCES LIMITED, a Singapore corporation (“Lender”) and ECOBLU PRODUCTS, INC., a Colorado corporation (the “Borrower”) and is effective on the date (the “Effective Date”) determined in accordance with Section 5.6.
Product, Purchase, Sales, Distribution, Marketing and Service AgreementProduct Agreement • February 22nd, 2011 • Ecoblu Products, Inc. • Retail-nonstore retailers • California
This HARTINDO AF21 PRODUCT Agreement (the “Agreement”) is made this 18th day of January 2011 by and among Newstar Holdings Pte Ltd (company registration no:199400816M) , a Singapore Corporation (“Newstar”) and Randall Hart, an Indonesian national (jointly the “Suppliers”) and EcoBlu Products, Inc., a Colorado Corporation (“Buyer”). This Agreement replaces all prior agreement or arrangement related to the subject.
DEFINITIVE MERGER AGREEMENTDefinitive Merger Agreement • August 5th, 2009 • N8 Concepts, Inc. • Retail-nonstore retailers • Colorado
AGREEMENT AND PLAN OF MERGER, dated as of July 28, 2009 (the “Agreement”), among N8 Concepts, Inc. a Colorado Corporation (“NECO”), and EcoBlu Products, Inc., a Nevada corporation (“ECOBLU”). ECOBLU and NECO are collectively referred to herein as the “Parties”.
APPLICATION SYSTEM PURCHASE AGREEMENTApplication System Purchase Agreement • October 22nd, 2009 • N8 Concepts, Inc. • Retail-nonstore retailers • California
This Application System Purchase Agreement (“Agreement”), is entered into this _28___day of __September _______ , 2009, by and between SCBluwood, Inc., a California corporation, with its principal place of business located at 2604-B El Camino Real, Carlsbad, CA 92008 (SELLER), and EcoBlu Products, Inc., a Nevada Corporation, whose principal address is 909 West Vista Way, Vista, CA 92083 (BUYER) with respect to the following facts.
APPLICATION SYSTEM PURCHASE AGREEMENTApplication System Purchase Agreement • August 13th, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • California
This Application System Purchase Agreement (“Agreement”), is entered into this 1st day of November, 2009, by and between SC Bluwood, Inc., a California corporation, with its principal place of business located at 2604-B El Camino Real, Carlsbad, CA 92008 (SELLER), and EcoBlu Products, Inc., a Colorado Corporation, whose principal address is 909 West Vista Way, Vista, CA 92083 (BUYER) with respect to the following facts.
LOAN AGREEMENTLoan Agreement • March 4th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
LOAN AGREEMENT, dated as of February 14, 2014 between ECO BUILDING PRODUCTS, INC., a Colorado corporation (the "Borrower"), and REDWOOD MANAGEMENT LLC, a Delaware limited liability corporation (the "Lender").
EXCHANGE AGREEMENTExchange Agreement • October 28th, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This EXCHANGE AGREEMENT (the “Agreement”), dated as of October 27, 2010, is by and between EcoBlu Products, Inc., a Colorado corporation with offices located at 909 West Vista Way, Vista, California 92083 (the “Company”), and ___________ (the “Holder”).
AMENDMENT #2 TO THE HOME DEPOT SUPPLIER BUYING AGREEMENTSupplier Buying Agreement • February 13th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers
This Amendment #2 ("Amendment") is attached to and made a part of the most recent Supplier Buying Agreement (the "SBA") dated as of 2-10-,2014, between HOME DEPOT U.S.A., INC., a Delaware corporation with offices at 2455 Paces Ferry Road, N.W., Atlanta, Georgia 30339, for itself and its Affiliates (collectively, "Home Depot") and ECO BUILDING PRODUCTS, INC., a Colorado corporation with offices at 909 West Vista Way, Vista, California 92083 ("Supplier").
INVESTMENT AGREEMENTInvestment Agreement • February 16th, 2011 • Ecoblu Products, Inc. • Retail-nonstore retailers • California
THIS INVESTMENT AGREEMENT is made as of this 14th day of February, 2011 by and among DATO LOW TUCK KWONG (“Investor”), an individual national of Indonesia, MANHATTAN RESOURCES LIMITED, a Singapore Corporation (“MRL”) and ECOBLU PRODUCTS INC., a Colorado corporation (“Company”)
DEPOSIT ACCOUNT CONTROL AGREEMENTDeposit Account Control Agreement • September 2nd, 2010 • Ecoblu Products, Inc. • Retail-nonstore retailers • Illinois
This DEPOSIT ACCOUNT CONTROL AGREEMENT (this “Agreement”) dated as of August 31, 2010, is by and among each of the secured parties listed on Schedule 1 attached hereto (each, individually, a “Secured Party” and collectively, “Secured Parties”), with offices at the respective addresses set forth on Schedule 1, EcoBlu Products, Inc., with offices at 909 West Vista Way, Vista, CA 92083 (the “Company”), and Metropolitan Capital Bank, with an office at Nine East Ontario, Chicago, Illinois 60611 (the “Bank”).
EXCHANGE AGREEMENTExchange Agreement • June 4th, 2014 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
THIS EXCHANGE AGREEMENT (the “Agreement”) is dated this 3rd day of June, 2014, by and among Eco Building Products, Inc., a Colorado corporation (the “Company”), and Dominion Capital LLC (the “Holder”).
LEAK-OUT AGREEMENTLeak-Out Agreement • July 20th, 2015 • ECO Building Products, Inc. • Retail-nonstore retailers • New York
THIS LEAK-OUT AGREEMENT (the “Agreement”) is made and entered into as of this 10th day of July 2015, among Dominion Capital LLC, Redwood Management, LLC, Redwood Fund II, LLC, Redwood Fund III, LLC (collectively, “Redwood”), and Apollo Capital Corp. (collectively, the “Holders;” individually, each of Dominion, all Redwood affiliates, and Apollo, a “Holder”) and Eco Building Products, Inc., a Colorado corporation (the “Company”).
