Mobivity Holdings Corp. Sample Contracts

Mobivity Holdings Corp. – SECURITIES PURCHASE AGREEMENT (July 5th, 2018)

This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 28th day of June 2018 by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).

Mobivity Holdings Corp. – EMPLOYMENT AGREEMENT (April 11th, 2018)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this 26th day of March, 2018 (the “Effective Date”) by and between Mobivity Holdings Corporation, a Nevada corporation (the “Company”), and Charles Mathews, an individual resident of the State of Arizona (“Employee”).

Mobivity Holdings Corp. – WARRANT EXERCISE AGREEMENT (November 14th, 2016)
Mobivity Holdings Corp. – SECURITIES PURCHASE AGREEMENT (March 30th, 2016)

This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 7th day of March, 2016, by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).

Mobivity Holdings Corp. – FORM OF REGISTRATION RIGHTS AGREEMENT (March 30th, 2016)

This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 7th day of March 2016 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).

Mobivity Holdings Corp. – LOAN AND SECURITY AGREEMENT (March 30th, 2016)

This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 30, 2016 (the “Effective Date”) is among SILICON VALLEY BANK, a California corporation (“Bank”), MOBIVITY, INC., a Nevada corporation (“OpCo”), and MOBIVITY HOLDINGS CORP., a Nevada corporation (“Holdings”, and together with OpCo, individually and collectively, “Borrower”), and provides the terms on which Bank shall lend to Borrower, and Borrower shall repay Bank.  The parties agree as follows:

Mobivity Holdings Corp. – THIS AGREEMENT dated January 15, 2016 (January 22nd, 2016)
Mobivity Holdings Corp. – FORM OF WARRANT (March 6th, 2015)

This Warrant (this “Warrant”) is one of a series of similar warrants issued pursuant to that certain Securities Purchase Agreement dated March 2, 2015, by and among the Company and the Buyers identified therein (the “Purchase Agreement”).  All such warrants are referred to herein, collectively, as the “Warrants.”

Mobivity Holdings Corp. – FORM OF REGISTRATION RIGHTS AGREEMENT (March 6th, 2015)

This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 2nd day of March 2015 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).

Mobivity Holdings Corp. – EMPLOYMENT AGREEMENT (February 20th, 2015)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this 16th day of February, 2015 (the “Effective Date”) by and between Mobivity Holdings Corporation, a Nevada corporation (the “Company”), and Christopher Meinerz, an individual resident of the State of Arizona (“Employee”).

Mobivity Holdings Corp. – AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (November 24th, 2014)
Mobivity Holdings Corp. – Smart Receipt, Inc Financial Statements For the Years Ended December 31, 2013 and 2012 (May 23rd, 2014)

We have audited the accompanying balance sheets of SmartReceipt, Inc. (the “Company”) as of December 31, 2013 and 2012 and the related statements of operations, stockholders’ equity (deficit) and cash flows for the twelve month periods then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits.

Mobivity Holdings Corp. – REGISTRATION RIGHTS AGREEMENT (May 15th, 2014)

This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 10th day of March, 2014 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).

Mobivity Holdings Corp. – SECURITIES PURCHASE AGREEMENT (May 15th, 2014)

This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 10th day of March, 2014, by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).

Mobivity Holdings Corp. – REGISTRATION RIGHTS AGREEMENT (March 18th, 2014)

This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 4th day of March, 2014 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).

Mobivity Holdings Corp. – ASSET PURCHASE AGREEMENT by and among MOBIVITY HOLDINGS CORP., MOBIVITY, INC., SMARTRECEIPT, INC. and THE CONTROLLING OWNERS IDENTIFIED HEREIN (March 18th, 2014)

ASSET PURCHASE AGREEMENT, dated as of March 12, 2014 (this “Agreement”), by and among Mobivity Holdings Corp., a Nevada corporation (“Parent”), Mobivity, Inc., a Nevada corporation (“Buyer”), SmartReceipt, Inc., a Delaware corporation ("Seller"),  and the individuals and entities listed on the signature pages hereto as “Controlling Owners” (the “Controlling Owners”).

Mobivity Holdings Corp. – Exhibit C FORM OF WARRANT (March 18th, 2014)

This Warrant (this “Warrant”) is one of a series of similar warrants issued pursuant to that certain Securities Purchase Agreement dated March ___, 2014, by and among the Company and the Buyers identified therein (the “Purchase Agreement”).  All such warrants are referred to herein, collectively, as the “Warrants.”

Mobivity Holdings Corp. – SECURITIES PURCHASE AGREEMENT (March 18th, 2014)

This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 4th day of March, 2014, by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).

Mobivity Holdings Corp. – Mobivity Enters into Letter of Intent to Acquire SmartReceipt, Inc. Acquisition Would Expand Mobivity’s Deployment to More than 17,000 Locations Including 6,000 From One of the Largest Quick Serve Restaurant (QSR) Chains in the World For Immediate Release (January 23rd, 2014)

PHOENIX, AZ - January 21, 2013 - Mobivity Holdings Corp. (OTCQB: MFON), an award-winning provider of proprietary and patented mobile marketing technologies and solutions, today announced that it has entered into a Letter of Intent to acquire SmartReceipt, Inc., a marketing solutions company whose software products transform traditional retail transaction receipts for Subway, Baskin-Robbins, Dairy Queen and others into engaging “smart” receipts that feature coupons and special offers for consumers. SmartReceipt is privately owned and is based in Santa Barbara, California.

Mobivity Holdings Corp. – MOBIVITY HOLDINGS CORP. 2013 STOCK INCENTIVE PLAN (August 22nd, 2013)
Mobivity Holdings Corp. – MOBIVITY HOLDINGS CORP. 2013 STOCK INCENTIVE PLAN (August 14th, 2013)
Mobivity Holdings Corp. – Front Door Insights LLC Financial Statements For the Years Ended December 31, 2012 and 2011 (August 5th, 2013)

We have audited the accompanying consolidated balance sheets of Front Door Insights, LLC (the “Company”) as of December 31, 2012 and 2011 and the related statements of operations, members' equity (deficit) and cash flows for the twelve month periods then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audits.

Mobivity Holdings Corp. – EMPLOYMENT AGREEMENT (August 1st, 2013)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this 22 day of July, 2013 (the “Effective Date”) by and between Mobivity Corporation, a Nevada corporation (the “Company”), and _Jeff Hasen___, an individual resident of the State of ___Washington___ (“Employee”).

Mobivity Holdings Corp. – EMPLOYMENT AGREEMENT (June 26th, 2013)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this    day of , 2013 (the “EffectiveDate”) by and between MOBIVITY

Mobivity Holdings Corp. – FORM OF WARRANT (June 20th, 2013)

This Warrant (this “Warrant”) is one of a series of similar warrants issued pursuant to that certain Convertible Secured Promissory Note Conversion Agreement dated [___], 2013, by and among the Company and the Note Holders identified therein (the “Conversion Agreement”).  All such warrants are referred to herein, collectively, as the “Warrants.”

Mobivity Holdings Corp. – REGISTRATION RIGHTS AGREEMENT (June 20th, 2013)

This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 17th day of June, 2013 by and among Mobivity Holdings Corp., a Nevada corporation (the “Company”), and the investors identified on the signature pages hereto (each, including its successors and assigns, an “Investor,” and collectively, the “Investors”).

Mobivity Holdings Corp. – SECURITIES PURCHASE AGREEMENT (June 20th, 2013)

This SECURITIES PURCHASE AGREEMENT (the “Agreement”) is dated as of the 17th day of June, 2013, by and between MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), and each individual or entity named on the Schedule of Buyers attached hereto (each such individual or entity, individually, a “Buyer” and all of such individuals or entities, collectively, the “Buyers”).

Mobivity Holdings Corp. – CONVERTIBLE SECURED PROMISSORY NOTE CONVERSION AGREEMENT (June 20th, 2013)

This CONVERTIBLE SECURED PROMISSORY NOTE CONVERSION AGREEMENT (this “Agreement”) is entered into and effective as of June 17, 2013 (the “Effective Date”) by and among the undersigned, each of whom have executed the Note Holder signature pages attached hereto as Annex A (each, a “Note Holder” and collectively, the “Note Holders”), and MOBIVITY HOLDINGS CORP., a Nevada corporation (the “Company”), with reference to the following facts:

Mobivity Holdings Corp. – ASSET PURCHASE AGREEMENT by and among MOBIVITY HOLDINGS CORP., MOBIVITY, INC., FRONT DOOR INSIGHTS LLC and THE CONTROLLING OWNERS IDENTIFIED HEREIN (May 24th, 2013)

ASSET PURCHASE AGREEMENT, dated as of May 20, 2013 (this “Agreement”), by and among Mobivity Holdings Corp., a Nevada corporation (“Parent”), Mobivity, Inc., a Nevada corporation (“Buyer”), Front Door Insights LLC, a Michigan limited liability company ("Seller"), and the individuals listed on the signature pages hereto as “Controlling Owners” (the “Controlling Owners”).

Mobivity Holdings Corp. – Contract (May 24th, 2013)

THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS NOTE  UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO MOBIVITY HOLDINGS CORP. THAT SUCH REGISTRATION IS NOT REQUIRED.

Mobivity Holdings Corp. – EMPLOYMENT AGREEMENT (May 24th, 2013)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this __ day of _________, 2013 (the “Effective Date”) by and between Mobivity Corporation, a Nevada corporation (the “Company”), and _________________, an individual resident of the State of _______________ (“Employee”).

Mobivity Holdings Corp. – EMPLOYMENT AGREEMENT (May 24th, 2013)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made, entered into and effective as of this __ day of _________, 2013 (the “Effective Date”) by and between Mobivity Corporation, a Nevada corporation (the “Company”), and _________________, an individual resident of the State of _______________ (“Employee”).

Mobivity Holdings Corp. – AMENDMENT NO. 2 TO BYLAWS OF MOBIVITY HOLDINGS CORP. (FORMERLY, ARES VENTURES CORP. AND COMMERCETEL CORPORATION) (May 24th, 2013)
Mobivity Holdings Corp. – ASSET PURCHASE AGREEMENT by and among MOBIVITY HOLDINGS CORP., MOBIVITY, INC. and SEQUENCE LLC (May 15th, 2013)

ASSET PURCHASE AGREEMENT, dated as of May __, 2013 (this “Agreement”), by and among Mobivity Holdings Corp., a Nevada corporation (“Parent”), Mobivity, Inc., a Nevada corporation (“Buyer”), and Sequence LLC, a Nevada limited liability company ("Seller").

Mobivity Holdings Corp. – AMENDMENT TO NOTE (May 10th, 2013)

Reference is made to that certain 10% Senior Secured Convertible Bridge Note (the “Note”) due April 15, 2013 issued by Mobivity Holdings Corp., a Nevada corporation formerly known as CommerceTel Corporation (“Borrower”), and payable to the undersigned Holder or its registered assigns.  Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Note.