Fantex Brand AgreementFantex Brand Agreement • March 10th, 2016 • Fantex, Inc. • Services-business services, nec • California
This Fantex Brand Agreement is entered into as of December 21, 2015 (“Effective Date”) by and between Fantex, Inc. (“Fantex”), on the one hand, and Scott Langley (“Talent”), jointly and severally with Talent’s personal services company, if such an entity is formed and in existence after the Effective Date (the “Company”), on the other hand. For purposes of this Agreement, “Participant” shall refer to Talent and/or the Company, if applicable, jointly and severally, as the context may require. Sometimes each of Participant and Fantex are referred to herein as a “Party” and together as the “Parties.”
268,100 Shares of FANTEX, INC. Fantex Series Jack Mewhort Convertible Tracking Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 8th, 2015 • Fantex, Inc. • Services-business services, nec • New York
This Underwriting Agreement (this “Agreement”) constitutes the agreement by and among Fantex, Inc., a Delaware corporation (the “Company”), Fantex Holdings, Inc. (the “Parent”), Fantex Brokerage Services, LLC (“FBS”) and Merriman Capital Inc. (“Merriman”) that (i) FBS shall serve as the underwriter for the offering (the “Offering”), on a best efforts, all or none basis, of an aggregate of 268,100 shares (the “Shares”) of the Company’s Fantex Series Jack Mewhort Convertible Tracking Stock, par value $0.0001 per share (the “Fantex Series Jack Mewhort”), and (ii) Merriman shall act as the “qualified independent underwriter” for the Offering within the meaning of Rule 5121 of the Financial Industry Regulatory Authority, Inc. (“FINRA”). The Shares will be convertible at the option of the Company into shares (the “Conversion Shares”) of platform common stock, par value $0.0001 per share, of the Company (the “Platform Common Stock”). Merriman hereby represents, warrants and confirms that in i
FANTEX, INC. FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • October 17th, 2013 • Fantex, Inc. • Services-business services, nec • Delaware
This Indemnification Agreement (“Agreement”) is effective as of by and between Fantex, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
STANDBY PURCHASE AGREEMENTStandby Purchase Agreement • June 8th, 2015 • Fantex, Inc. • Services-business services, nec • New York
This STANDBY PURCHASE AGREEMENT (this “Agreement”), dated as of ______, 2015, is made by and among (i) Fantex, Inc., a Delaware corporation (the “Company”), (ii) Fantex Brokerage Services, LLC (“FBS”) and Merriman Capital, Inc. (“Merriman,” and together with FBS, the “Representatives”) and (iii) Fantex Holdings, Inc. (the “Parent”) and the other individuals listed on Exhibit A hereto (each, a “Standby Purchaser,” and together, the “Standby Purchasers”).
FANTEX, INC. October 30, 2013Letter Agreement • November 21st, 2013 • Fantex, Inc. • Services-business services, nec • California
This letter agreement (“Letter Agreement”) and attached exhibits are being provided to you in response to your interest in entering into a Brand Agreement with Fantex, Inc. (“Fantex”), in connection with a potential securities offering by Fantex linked to the value of the Brand Amount as set forth in greater detail in this letter and each of the Exhibits, schedules and related documents referenced herein (all of which, together, constitutes the complete “Agreement”) between The Duke Marketing LLC (the “Company”) and you (together with the Company, jointly and severally, as “Participant”) and Fantex. Sometimes each of Participant and Fantex are referred to herein as a “Party” and together as the “Parties.”
FANTEX, INC. STOCK REPURCHASE AGREEMENTStock Repurchase Agreement • March 22nd, 2016 • Fantex, Inc. • Services-business services, nec • California
THIS STOCK REPURCHASE AGREEMENT (the “Agreement”) is made between Fantex, Inc., a Delaware corporation (the “Company”) and [ ] (“Holder”), as of [ ], 2016 (the “Effective Date”).
NFL PLAYER CONTRACTNFL Player Contract • October 17th, 2013 • Fantex, Inc. • Services-business services, nec • Texas
THIS CONTRACT is between Arian Foster, hereinafter “Player,” and Houston NFL Holdings, L.P., a Delaware corporation (limited partnership) (partnership), hereinafter “Club” operating under the name of the Houston Texans as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
FANTEX HOLDINGS, INC. EMPLOYMENT AGREEMENTEmployment Agreement • October 17th, 2013 • Fantex, Inc. • Services-business services, nec • California
This Employment Agreement (the “Agreement”), dated as of October 16, 2013 (the “Effective Date”), is made by and between Fantex Holdings, Inc., a Delaware corporation (the “Company”), Fantex, Inc. (“Fantex”) and David Mullin (“Executive”) (collectively referred to herein as the “Parties”).
AMENDED AND RESTATED MASTER ESCROW AGREEMENTMaster Escrow Agreement • August 25th, 2014 • Fantex, Inc. • Services-business services, nec • New York
This AMENDED AND RESTATED MASTER ESCROW AGREEMENT, dated as of August 22, 2014 (together with Schedule A and each certificate that is delivered from time to time pursuant to this Agreement as contemplated by Schedule B-1 and Schedule B-2 hereto, this “Agreement”), is by and among FANTEX, INC., a Delaware corporation, with principal offices located at 330 Townsend Street, Suite 234, San Francisco, CA 94107 (the “Company”); AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a New York limited liability trust company, with principal offices located at 6201 15th Avenue, Brooklyn, New York, 11219 (“Escrow Agent”) and FANTEX BROKERAGE SERVICES, LLC, a Delaware limited liability corporation (the “Underwriter”). Each of the Company, the Escrow Agent and the Underwriter are sometimes referred to herein as a “Party” and together as the “Parties.”
MANAGEMENT AGREEMENT [FANTEX HOLDINGS, INC. SERVICES TO FANTEX, INC.]Management Agreement • October 17th, 2013 • Fantex, Inc. • Services-business services, nec • California
THIS MANAGEMENT AGREEMENT is entered into on July 10, 2013 by and between Fantex Holdings, Inc., a Delaware corporation (“Holdings”), and Fantex, Inc., an Delaware corporation (“Fantex”).
ContractContract • March 3rd, 2014 • Fantex, Inc. • Services-business services, nec • Virginia
THIS CONTRACT is between ERIK “E.J.” MANUEL, hereinafter “Player,” and BUFFALO BILLS, INC., a NEW YORK corporation hereinafter “Club,” operating under the name of the BUFFALO BILLS as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
ADMINISTRATIVE SERVICES AGREEMENT [FANTEX HOLDINGS, INC. SERVICES TO FANTEX, INC.]Administrative Services Agreement • May 28th, 2013 • Fantex, Inc. • Services-business services, nec • California
THIS ADMINISTRATIVE SERVICES AGREEMENT is entered into on April 1, 2013 by and between Fantex Holdings, Inc., a Delaware corporation (“Holdings”), and Fantex, Inc., an Delaware corporation (“Fantex”).
Consulting AgreementConsulting Agreement • November 15th, 2016 • Fantex, Inc. • Services-business services, nec • California
This Consulting Agreement (the “Agreement”) is entered into this 1st day of August, 2016 (the “Effective Date”) by and between Fantex Holdings, Inc., (the “Company”) and Dave Mullin (the “Contractor”), each with the respective addresses set forth below (each a “Party” and collectively the “Parties”).
NFL PLAYER CONTRACTNFL Player Contract • April 8th, 2015 • Fantex, Inc. • Services-business services, nec • Virginia
THIS CONTRACT is between KENDALL WRIGHT , hereinafter “Player,” and TENNESSEE FOOTBALL, INC. , a DELAWARE corporation hereinafter “Club,” operating under the name of the TENNESSEE TITANS as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
MAJOR LEAGUE UNIFORM PLAYER'S CONTRACTFantex, Inc. • November 24th, 2015 • Services-business services, nec • California
The Club is, along with other Major League Clubs, signatory to the Major League Constitution and has subscribed to the Major League Rules.
AMENDMENT NO. 1 TOManagement Agreement • November 15th, 2016 • Fantex, Inc. • Services-business services, nec • California
This AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT (this “Amendment”) is made and entered into as of July 21, 2016, with respect to that certain Management Agreement, dated as of July 10, 2013 (the “Management Agreement”), by and between Fantex Holdings, Inc., a Delaware corporation (“Holdings”), and Fantex, Inc., a Delaware corporation (“Fantex”).
NFL PLAYER CONTRACTNFL Player Contract • September 26th, 2014 • Fantex, Inc. • Services-business services, nec • Illinois
THIS CONTRACT is between ALSHON JEFFERY, hereinafter “Player,” and CHICAGO BEARS FOOTBALL CLUB, INC., a DELAWARE corporation hereinafter “Club,” operating under the name of the CHICAGO BEARS as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
NFL PLAYER CONTRACTNFL Player Contract • January 16th, 2015 • Fantex, Inc. • Services-business services, nec • Virginia
THIS CONTRACT is between MICHAEL BROCKERS, hereinafter “Player,” and THE ST LOUIS RAMS LLC, a DELAWARE limited liability company hereinafter “Club,” operating under the name of the ST LOUIS RAMS as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
NFL PLAYER CONTRACTNFL Player Contract • November 24th, 2015 • Fantex, Inc. • Services-business services, nec • Virginia
THIS CONTRACT is between ______________________TERRANCE WILLIAMS______________________, hereinafter “Player”, and ______________________ _DALLAS COWBOYS FOOTBALL CLUB, LTD. _____ _____ ________________, a ____ ______ ________TEXAS___ ________________ limited partnership hereinafter “Club,” operating under the name of the ___DALLAS COWBOYS___ as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
NFL PLAYER CONTRACTNFL Player Contract • April 8th, 2015 • Fantex, Inc. • Services-business services, nec • Indiana
THIS CONTRACT is between JACK MEWHORT , hereinafter “Player,” and Indianapolis Colts, Inc. , a Delaware corporation hereinafter “Club,” operating under the name of the Indianapolis Colts as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
ContractContract • November 21st, 2013 • Fantex, Inc. • Services-business services, nec
THIS CONTRACT is between Vernon Davis, hereinafter “Player,” and San Francisco Forty Niners, Limited, a California (limited partnership) hereinafter “Club” operating under the name of the Forty Niners as a member of the National Football League, hereinafter “League,” In consideration of the promises made by each to the other, Player and Club agree as follows:
FANTEX HOLDINGS, INC. CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • January 16th, 2015 • Fantex, Inc. • Services-business services, nec • California
This Change In Control Severance Agreement (the “Agreement”), dated as of August 19, 2014 (the “Effective Date”), is made by and between Fantex Holdings, Inc., a Delaware corporation (the “Company”) and William Garvey (“Executive”) (collectively referred to herein as the “Parties”).
FANTEX, INC. Fantex Sports Portfolio 1 Units UNDERWRITING AGREEMENTUnderwriting Agreement • March 22nd, 2016 • Fantex, Inc. • Services-business services, nec • New York
Fantex, Inc. (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”) an aggregate of [●] (the “Firm Units”) of the Company’s Fantex Sports Portfolio 1 Units, each such unit consisting of [●] shares of Fantex Series Vernon Davis Convertible Tracking Stock, par value $0.0001 per share, [●] shares of Fantex Series EJ Manuel Convertible Tracking Stock, par value $0.0001 per share, [●] shares of Fantex Series Mohamed Sanu Convertible Tracking Stock, par value $0.0001 per share, [●] shares of Fantex Series Alshon Jeffery Convertible Tracking Stock, par value $0.0001 per share, [●] shares of Fantex Series Michael Brockers Convertible Tracking Stock, par value $0.0001 per share, [●] shares of Fantex Series Jack Mewhort Convertible Tracking Stock, par value $0.0001 per share, and [●] shares of Fantex Series Professional Sports Convertible Tracking Stock, par value $0
NFL PLAYER CONTRACTNFL Player Contract • November 24th, 2015 • Fantex, Inc. • Services-business services, nec • Pennsylvania
THIS CONTRACT is between ______________________RYAN SHAZIER______________________, hereinafter “Player”, and ______________________ _PITTSBURGH STEELERS SPORTS, INC. _____ _____ ________________, a ____ ______ ________PENNSYLVANIA___ ________________ limited liability company hereinafter “Club,” operating under the name of the ___PITTSBURGH STEELERS FOOTBALL CLUB___ as a member of the National Football League, hereinafter “League.” In consideration of the promises made by each to the other, Player and Club agree as follows:
FANTEX, INC. February 28, 2013Letter Agreement • April 9th, 2013 • Fantex, Inc. • Services-business services, nec • California
This letter agreement (“Letter Agreement”) and attached exhibits are being provided to you in response to your interest in entering into a Brand Agreement with Fantex, Inc. (“Fantex”), in connection with a potential securities offering by Fantex linked to the value of the Brand Amount as set forth in greater detail in this letter and each of the Exhibits, schedules and related documents referenced herein (all of which, together, constitutes the complete “Agreement”) between you and Ugly Duck, LLC (together, jointly and severally, as “Participant”) and Fantex. Sometimes each of Participant and Fantex are referred to herein as a “Party” and together as the “Parties.”
PROMISSORY NOTEPromissory Note • August 15th, 2016 • Fantex, Inc. • Services-business services, nec • California
This Amendment to Promissory Note (this “Amendment”) is entered into as of April 28, 2016 by and between Fantex, Inc., a Delaware corporation (“Maker”), and Fantex Holdings, Inc., a Delaware corporation (“Holder”).
