Smartbird, Inc. Sample Contracts

ALLBIRDS, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 31st, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This Indemnification Agreement (this “Agreement”) is dated as of _________________, 20__ and is between Allbirds, Inc., a Delaware public benefit corporation (the “Company”), and ______________ (“Indemnitee”).

l ] Shares ALLBIRDS, INC. CLASS A COMMON STOCK, PAR VALUE $0.0001 PER SHARE UNDERWRITING AGREEMENT
Underwriting Agreement • October 25th, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York

Allbirds, Inc., a Delaware public benefit corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule II hereto (the “Underwriters”), and certain shareholders of the Company (the “Selling Shareholders”) named in Schedule I hereto severally propose to sell to the several Underwriters, an aggregate of [ l ] shares of the Class A common stock, par value $0.0001 per share, of the Company (the “Firm Shares”), of which [ l ] shares are to be issued and sold by the Company and [ l ] shares are to be sold by the Selling Shareholders, each Selling Shareholder selling the amount set forth opposite such Selling Shareholder’s name in Schedule I hereto.

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 10th, 2023 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • California

March 8, 2023 (the “Amendment Date”), is entered into by and among Allbirds, Inc. the other Loan Parties party hereto (if any), the lending institutions party hereto as the Lenders, and JPMorgan Chase Bank, N.A., as the Administrative Agent.

FIFTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT
Investors’ Rights Agreement • August 31st, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This Fifth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made as of September 22, 2020, by and among Allbirds, Inc., a Delaware public benefit corporation (the “Company”), each of the investors listed on Schedule A hereto, each of whom is referred to in this Agreement as an “Investor”, each of the stockholders listed on Schedule B hereto, each of whom is referred to herein as a “Key Holder”, and any Additional Purchaser (as defined in the Purchase Agreement) that becomes a party to this Agreement in accordance with Section 7.9 hereof.

ALLBIRDS, INC. CLASS A COMMON STOCK SALES AGREEMENT1
Sales Agreement • June 30th, 2025 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
ECLIPSE CHAMPAGNE OFFICE BUILDING STANDARD LEASE AGREEMENT
Standard Lease Agreement • August 31st, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • California

This Standard Lease Agreement (“Lease”) is made and entered into by the Landlord and Tenant referred to in the Basic Lease Information. The foregoing Basic Lease Information attached to this Lease is hereby incorporated into this Lease by this reference.

Certain portions of this document have been omitted pursuant to Item 601(b)(10) of Regulation S-K and, where applicable, have been marked with “[*]” to indicate where omissions have been made. The marked information has been omitted because it is (i)...
Credit Agreement • April 20th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl

This SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) is made as of April 19, 2026, by and among Allbirds, Inc., a Delaware public benefit corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and Second Avenue Capital Partners LLC, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”).

BOZZ, INC. AMENDMENT NO. 1 TO COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • November 3rd, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This Amendment No. 1 to Common Stock Purchase Agreement (the “Amendment”) is made effective as of August 3, 2015 (the “Effective Date”), by and between Bozz, Inc., a Delaware corporation, and __________________ (“Purchaser”), and amends that certain Restricted Stock Purchase Agreement, by and between the Company and Purchaser, dated as of May 27, 2015 (the “Agreement”). Unless otherwise defined herein, the capitalized terms herein shall have the same meanings given to them in the Agreement.

Certain portions of this document have been omitted pursuant to Item 601(b)(10) of Regulation S-K and, where applicable, have been marked with “[*]” to indicate where omissions have been made. The marked information has been omitted because it is (i)...
Subordination Agreement • April 20th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl

This Subordination Agreement (this “Agreement”) is made as of April 19, 2026, by and between [*], as collateral agent for the holders of the Subordinated Loan Documents (“Creditor”), and SECOND AVENUE CAPITAL PARTNERS LLC, as administrative agent and collateral agent under the Senior Loan Agreement referred to below, “Agent”).

BOZZ, INC. COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • November 3rd, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

THIS COMMON STOCK PURCHASE AGREEMENT (the “Agreement”) is made as of ___________________ by and between BOZZ, Inc., a Delaware corporation (the “Company”) and ___________________ (“Purchaser”). Certain capitalized terms used below are defined in the terms and conditions set forth in Exhibit A attached to this Agreement, which are incorporated by reference.

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • March 31st, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This Asset Purchase Agreement (this “Agreement”) dated as of March 29, 2026 is entered into between Allbirds, Inc., a Delaware public benefit corporation (“Seller”), and Allbirds IP LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used in this Agreement have the meanings given to such terms herein (or in Exhibit A) and are identified by the cross-references set forth in Exhibit A attached hereto.

SUPPORT AGREEMENT
Support Agreement • April 20th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This Support Agreement (this “Agreement”), dated as of April 8, 2026, is made by and between the undersigned stockholder and Allbirds, Inc. (the “Company”). Capitalized terms used but not otherwise defined herein have the meanings ascribed in the Asset Purchase Agreement, dated March 29, 2026, by and between the Company and Allbirds IP LLC (the “APA”).

CREDIT AGREEMENT Dated as of June 30, 2025 among ALLBIRDS, INC., as the Borrower, The Guarantors Party Hereto, SECOND AVENUE CAPITAL PARTNERS LLC, as Administrative Agent and Collateral Agent and The Lenders Party Hereto1
Credit Agreement • July 1st, 2025 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York

This CREDIT AGREEMENT (“Agreement”) is entered into as of June 30, 2025 among Allbirds, Inc., a Delaware public benefit corporation (the “Borrower”), the Guarantors from time to time party hereto, each Lender from time to time party hereto, and Second Avenue Capital Partners LLC, as Administrative Agent and Collateral Agent.

AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • April 20th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April 19, 2026, is by and among Allbirds, Inc., a Delaware corporation with offices located at 530 Washington Street, San Francisco, CA 94111 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).

CONSENT AND FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 31st, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl

This CONSENT AND FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made as of March 29, 2026, by and among Allbirds, Inc., a Delaware public benefit corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and Second Avenue Capital Partners LLC, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”).

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • April 19th, 2023 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • California

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (“Amendment”), dated as of April 17, 2023 (the “Amendment Date”), is entered into by and among Allbirds, Inc. the other Loan Parties party hereto (if any), the lending institutions party hereto as the Lenders, and JPMorgan Chase Bank, N.A., as the Administrative Agent.

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • May 28th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl

This THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made as of May 26, 2026, by and among Allbirds, Inc., a Delaware public benefit corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and Second Avenue Capital Partners LLC, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”).

ALLBIRDS, INC. AMENDMENT NO. 2 TO COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • November 3rd, 2021 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • Delaware

This Amendment No. 2 to Common Stock Purchase Agreement (the “Amendment”) is made effective as of July 19, 2016 (the “Effective Date”), by and between Allbirds, Inc., a Delaware corporation, and ________________ (“Purchaser”), and amends that certain Restricted Stock Purchase Agreement, by and between the Company and Purchaser, dated as of May 27, 2015, as amended on August 3, 2015 (the “Agreement”). Unless otherwise defined herein, the capitalized terms herein shall have the same meanings given to them in the Agreement.

Re: Transition and Special Advisor Agreement Dear Joey:
Transition and Special Advisor Agreement • March 12th, 2024 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl

This letter agreement (the “Agreement”) describes the terms applicable to your ceasing to be a Company employee and officer, your service to the Company in the Advisory Role, and your remaining on the Board. Please sign and return this Agreement to the Company on or before March 30, 2023 (the “Execution Deadline”). This Agreement will become effective on the 8th day after it has been signed by both you and a duly authorized representative of the Company (the “Effective Date”), except that this Agreement will not become effective if, prior to that 8th day, you or the Company revoke this Agreement.

ALLBIRDS, INC. CLASS A COMMON STOCK SALES AGREEMENT [Omitted schedules will be furnished to the SEC upon request.]
Sales Agreement • April 29th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • April 20th, 2026 • Allbirds, Inc. • Apparel & other finishd prods of fabrics & similar matl

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of April 19, 2026, is by and among Allbirds, Inc., a Delaware corporation with offices located at 530 Washington Street, San Francisco, CA 94111 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).

Certain portions of this document have been omitted pursuant to Item 601(b)(10) of Regulation S-K and, where applicable, have been marked with “[*]” to indicate where omissions have been made. The marked information has been omitted because it is (i)...
Securities Purchase Agreement • June 17th, 2026 • Smartbird, Inc. • Apparel & other finishd prods of fabrics & similar matl

THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (this “Amendment”) is dated as of June 15, 2026, by and between Allbirds, Inc., a Delaware corporation (the “Company”) and the investor identified on the signature page hereto (the “Investor”), and amends that certain Amended and Restated Securities Purchase Agreement, dated as of April 19, 2026 (the “Securities Purchase Agreement”), by and among the Company and the Investor. Capitalized terms used herein but not otherwise defined herein shall have the respective meanings set forth in the Securities Purchase Agreement.