FIG REVENUE-SHARING AGREEMENTFig Revenue-Sharing Agreement • January 29th, 2024 • Fig Publishing, Inc. • Services-prepackaged software • New York
This Fig Revenue Sharing-Agreement (this “Agreement”) is entered into as of July 27, 2023 (“Effective Date”), by and between the following parties with respect to the video game referenced below:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 7th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 30, 2016 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation with a loan production office located at 2400 Hanover Street, Palo Alto, California 94304 (“Bank”), and (b) (i) LOOSE TOOTH INDUSTRIES, INC., a Delaware corporation (“Loose Tooth”) and (ii) FIG PUBLISHING, INC., a Delaware corporation (“Fig”) (Loose Tooth and Fig are individually and collectively, jointly and severally, the “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ESCROW AGREEMENTEscrow Agreement • October 7th, 2022 • Fig Publishing, Inc. • Services-prepackaged software • New York
This ESCROW AGREEMENT (this “Agreement”) dated as of the Effective Date (as defined below) by and among Fig Publishing Inc., a Delaware corporation (the “Issuer”), having an address found in Section 3.3; and BankProv (the “Escrow Agent”), with its principal corporate office at 5 Market Street, Amesbury, MA 01913. The Issuer and the Escrow Agent are together referred to as “Parties” and individually, each a “Party.”
SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Portfolio Shares – Series 2021 Regulation ASubscription Agreement • August 3rd, 2021 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber, and if applicable co-subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value $0.0001 per share, from the series of such preferred stock known as “Fig Portfolio Shares – Series 2021” or “FPS – Series 2021”, the shares of which are designed to reflect the economic performance of the various games, products and systems the Company will identify and acquire an economic interest in under the co-publishing and revenue sharing agreements to be entered into by and between the Company and various developers. The purchase price of such Shares is $1,000.00 per share.
SECOND AMENDED & RESTATED FIG REVENUE-SHARING AGREEMENTRevenue-Sharing Agreement • July 16th, 2021 • Fig Publishing, Inc. • Services-prepackaged software • New York
This SECOND AMENDED & RESTATED FIG REVENUE-SHARING AGREEMENT (this “Agreement”) is entered into as of June 25, 2021 (the “Effective Date”), by and between the following parties (the “Parties”), with respect to the video games referenced below:
AMENDED & RESTATED INTERCOMPANY REVOLVING CREDIT AGREEMENTIntercompany Revolving Credit Agreement • January 30th, 2023 • Fig Publishing, Inc. • Services-prepackaged software
THIS AMENDED & RESTATED INTERCOMPANY REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of February 1, 2022 (the “Effective Date”), between OpenDeal Inc., a Delaware corporation (“OpenDeal Parent”), and Fig Publishing, Inc., a Delaware corporation (“Fig). Each of OpenDeal Parent and Fig may be referred to as a “Party” and together as the “Parties”.
COST-SHARING AGREEMENTCost-Sharing Agreement • August 11th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • California
THIS COST-SHARING AGREEMENT (this “Agreement”) is dated as of June 30, 2016 by and between Loose Tooth Industries, Inc., a Delaware corporation (“Loose Tooth”), and Fig Publishing, Inc., a Delaware corporation (the “Company”).
FIG LICENSE AGREEMENTFig License Agreement • August 27th, 2020 • Fig Publishing, Inc. • Services-prepackaged software • California
This License Agreement (this “Agreement”), dated as of March 23rd, 2017 (“Effective Date”), is entered into between Snapshot Games Inc., a California corporation (“Developer”), and Fig Publishing, Inc., a Delaware corporation (“Fig”).
PUBLISHING LICENSE AGREEMENTPublishing License Agreement • October 7th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • California
This Publishing License Agreement (this "Agreement"), dated as of August 5, 2016 ("Effective Date"), is entered into between Double Fine Productions, Inc., a California corporation ("Developer"), with its principal place of business at 525 Brannan Street, Suite 200, San Francisco, California 94107, and Fig Publishing, Inc., a Delaware corporation ("Licensee"), with its principal place of business at 715 Bryant St., Suite 202, San Francisco, CA 94107. Developer and Licensee may be referred to individually as a "Party" or "party" and collectively as the "Parties" or "parties."
AMENDED AND RESTATED LICENSE AGREEMENTLicense Agreement • March 23rd, 2017 • Fig Publishing, Inc. • Services-prepackaged software • California
This Amended and Restated License Agreement (this “Agreement”), dated as of March 20, 2017 (“Effective Date”), is entered into between inXile Entertainment, Inc. (“Developer”) and Fig Publishing, Inc., a Delaware corporation (“Fig”), which fully amends and restates the License Agreement, dated as of September 9, 2016, between the parties and the Amended and Restated License Agreement, dated as of September 14, 2016, between the parties.
SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Gaming Shares – Marauder Regulation ASubscription Agreement • November 6th, 2020 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber, and if applicable co-subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – Marauder” or “FGS – Marauder”, the shares of which are designed to reflect the economic performance of a video game publishing license agreement that Fig has entered into with a third-party video game developer, Syrin Studios Limited dba Small Impact Games, a United Kingdom private limited company in respect of the Marauder video game. The purchase price of such Shares is $500.00 per share.
AMENDED AND RESTATED VIDEO GAME LICENSE AGREEMENTVideo Game License Agreement • June 12th, 2017 • Fig Publishing, Inc. • Services-prepackaged software • California
This Amended and Restated Video Game License Agreement (this “Agreement”), dated as of April 27, 2017 (“Effective Date”), is entered into between Interdimensional Games Incorporated, a Canadian Federal corporation (“Developer”), with its principal place of business at 9791 115A Street, Surrey, BC Canada V3V 3Z3, and Fig Publishing Inc. (“Licensee”), with its principal place of business at 599 Third St. Suite 211, San Francisco, CA 94107. Developer and Licensee may be referred to individually as a “Party” and collectively as the “Parties.”
SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Gaming Shares – Atari Regulation ASubscription Agreement • October 7th, 2022 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber, and if applicable co-subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – Atari” or “FGS – AT”, the shares of which are designed to reflect the economic performance of a video game publishing license agreement that Fig has entered into with a third-party video game developer, Atari Entertainment Partners, LLC, a California limited liability company in respect of the Atari Games. The purchase price of such Shares is $500.00 per share.
FORM OF AMENDED AND RESTATED MASTER SERVICES AGREEMENT LOOSE TOOTH INDUSTRIES, INC. SERVICES TO FIG PUBLISHING, INC.Master Services Agreement • March 10th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • California
THIS AMENDED AND RESTATED MASTER SERVICES AGREEMENT dated as of [_______], 2016 by and between Loose Tooth Industries, Inc., a Delaware corporation (“Loose Tooth”), and Fig Publishing, Inc., a Delaware corporation (“the Company”), and certain subsidiaries of the Company set forth on Exhibit B hereto which have duly delivered separate assumption letters in the form of Exhibit C hereto (collectively, the “Pub Subs”). Unless otherwise indicated, all references to “the Company” shall include its Pub Subs.
FIG WL3, LLC LIMITED LIABILITY COMPANY OPERATING AGREEMENT As of November 22, 2016Limited Liability Company Operating Agreement • December 16th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) of Fig WL3, LLC, a limited liability company formed under the laws of the State of Delaware (the “Company”), is entered into as of November 22, 2016 (the “Effective Date”), by and among the Managing Member and the Persons listed on Schedule A hereto, as such Schedule may be amended from time to time (individually, a “Member” so long as each such Person is a Member of the Company and, collectively, together with the Managing Member and any additional members of the Company from time to time, the “Members”).
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF FIG GRASSLANDS, LLCLimited Liability Company Operating Agreement • December 21st, 2015 • Fig Publishing, Inc. • Delaware
This LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) of FIG GRASSLANDS, LLC, a Delaware limited liability company (the “Company”), is made and entered into as of December 3, 2015, by Fig Publishing, Inc., a Delaware corporation, as the sole member of the Company (the “Sole Member”).
FIG REVENUE-SHARING AGREEMENTFig Revenue-Sharing Agreement • October 7th, 2022 • Fig Publishing, Inc. • Services-prepackaged software • New York
This FIG REVENUE-SHARING AGREEMENT (this “Agreement”) is entered into as August 17, 2022 (the “Effective Date”), by and between the following parties (the “Parties”), with respect to the video games referenced below:
VIDEO GAME LICENSE AGREEMENTVideo Game License Agreement • December 21st, 2015 • Fig Publishing, Inc. • California
This Video Game License Agreement (this “Agreement”), dated as of December 3, 2015 (“Effective Date”), is entered into between Double Fine Productions, Inc., a California corporation (“Developer”), with its principal place of business at 525 Brannan Street, Suite 200, San Francisco, California 94107, and Fig Grasslands LLC, a Delaware limited liability company (“Licensee”), with its principal place of business at 715 Bryant St., Suite 202, San Francisco, CA 94107. This Agreement supersedes in its entirety the Video Game License Agreement, dated September 23, 2015, entered into between Developer and a corporate affiliate of Licensee. Developer and Licensee may be referred to individually as a “Party” and collectively as the “Parties.”
FORM OF SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Game Shares – CTT Regulation AForm of Subscription Agreement • June 12th, 2017 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value of $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – CTT”, the shares of which are designed to reflect the economic performance of a video game co-publishing license agreement that Fig has entered into with a third-party video game developer, Interdimensional Games Incorporated, in respect of the video game Consortium: The Tower. The purchase price of such Shares is $250 per share.
MASTER SERVICES AGREEMENT OPENDEAL INC., SERVICES TO FIG PUBLISHING, INC.Master Services Agreement • February 22nd, 2021 • Fig Publishing, Inc. • Services-prepackaged software • New York
THIS MASTER SERVICES AGREEMENT dated as of January 1, 2021 by and between OpenDeal Inc., a Delaware corporation doing business as Republic (“Republic”), and Fig Publishing, Inc., a Delaware corporation (“the Company”).
FIG REVENUE-SHARING AGREEMENTFig Revenue-Sharing Agreement • January 18th, 2023 • Fig Publishing, Inc. • Services-prepackaged software • New York
This FIG REVENUE-SHARING AGREEMENT (this “Agreement”) is entered into as of December___, 2022 (“Effective Date”), by and between the following parties (the “Parties”, and each a “Party”), with respect to the video game referenced below:
SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Gaming Shares - Amico Regulation ASubscription Agreement • June 8th, 2020 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the investor executing this Agreement (the “Investor”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Investor, and the Investor agrees to purchase, that certain number of shares previously specified by the Investor to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value of $0.0001 per share, from the series of such preferred stock known as “Fig Gaming Shares – Amico” or “FGS – Amico”, the shares of which are designed to reflect the economic performance of a particular co-publishing and revenue sharing agreement that Fig has entered into with video gaming developer Intellivision Holdings, LLC in respect of the Amico video game console. The purchase price of such Shares is $1,000.00 per share.
FORM OF SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Game Shares – Pillars of Eternity II Regulation AForm of Subscription Agreement • March 20th, 2017 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – Pillars of Eternity II”, the shares of which are designed to reflect the economic performance of a video game co-publishing license agreement that Fig has entered into with a third-party video game developer, Obsidian Entertainment, Inc., and its affiliate, Dark Rock Industries Limited, in respect of the video game Pillars of Eternity II: Deadfire. The purchase price of such Shares is $1,000.00 per share.
FIG REVENUE-SHARING AGREEMENTFig Revenue-Sharing Agreement • January 18th, 2023 • Fig Publishing, Inc. • Services-prepackaged software • New York
This FIG REVENUE-SHARING AGREEMENT (this “Agreement”) is entered into as of February 10, 2022 (the “Effective Date”), by and between the following parties (the “Parties”), with respect to the video game referenced below:
PUBLISHER EXPENSES AGREEMENT IN RESPECT OF GRASSLANDS GAME SHARES OFFERINGPublisher Expenses Agreement • December 21st, 2015 • Fig Publishing, Inc. • California
THIS PUBLISHER EXPENSES AGREEMENT IN RESPECT OF GRASSLANDS GAME SHARES OFFERING (this “Agreement”), dated as of December 3, 2015, is made and entered into by and between Loose Tooth Industries, Inc., a Delaware corporation (“Loose Tooth”), and Fig Publishing, Inc., a Delaware corporation (the “Company”).
FORM OF SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Game Shares Regulation ASubscription Agreement • August 11th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Agreement is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – PSY2”, the shares of which are designed to reflect the economic performance of a video game co-publishing license agreement that Fig has entered into with a third-party video game developer, Double Fine Productions, Inc., in respect of the video game Psychonauts 2. The purchase price of such preferred stock is $500.00 per share.
TERM SHEET - FIG REVENUE SHARING AGREEMENTTerm Sheet - Fig Revenue Sharing Agreement • June 8th, 2020 • Fig Publishing, Inc. • Services-prepackaged software • New York
This Revenue Sharing Agreement (this “Agreement”) is entered into as of the Effective Date set forth below between Fig Publishing, Inc., a Delaware corporation (“Fig”) and Developer, as identified below (“Developer).
FORM OF SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Game Shares – Phoenix Point Regulation AForm of Subscription Agreement • May 11th, 2017 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Subscription Agreement (this “Agreement”) is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value of $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – Phoenix Point”, the shares of which are designed to reflect the economic performance of a video game co-publishing license agreement that Fig has entered into with a third-party video game developer, Snapshot Games Inc., in respect of the video game Phoenix Point. The purchase price of such Shares is $500.00 per share.
FORM OF] AMENDED AND RESTATED PUBLISHING LICENSE AGREEMENTPublishing License Agreement • June 30th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • California
This Amended and Restated Video Game License Agreement (this “Agreement”), dated as of [ ], 2016 (“Effective Date”), is entered into between Double Fine Productions, Inc., a California corporation (“Developer”), with its principal place of business at 525 Brannan Street, Suite 200, San Francisco, California 94107, and Fig Publishing, Inc., a Delaware corporation (“Licensee”), with its principal place of business at 715 Bryant St., Suite 202, San Francisco, CA 94107. This Agreement supersedes in its entirety the Video Game License Agreement, dated September 23, 2015, entered into between Developer and Licensee. Developer and Licensee may be referred to individually as a “Party” and collectively as the “Parties.”
LETTER AGREEMENT WITH ATARILetter Agreement • June 29th, 2023 • Fig Publishing, Inc. • Services-prepackaged software
This letter agreement (this “Letter Agreement”) is entered into as of February 17, 2023 (“Effective Date”), by and between FIG PUBLISHING, INC., a Delaware corporation with its principal office at 149 5th Avenue, Floor 10, New York, New York 10010 (“Fig”); and ATARI INTERACTIVE, INC. a Delaware corporation with its principal office at 286 Madison Avenue, New York NY 10017 (“Co-Publisher”).
FORM OF AMENDED AND RESTATED VIDEO GAME LICENSE AGREEMENTVideo Game License Agreement • March 10th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • California
This Amended and Restated Video Game License Agreement (this “Agreement”), dated as of [ ], 2016 (“Effective Date”), is entered into between Double Fine Productions, Inc., a California corporation (“Developer”), with its principal place of business at 525 Brannan Street, Suite 200, San Francisco, California 94107, and Fig Grasslands LLC, a Delaware limited liability company (“Licensee”), with its principal place of business at 715 Bryant St., Suite 202, San Francisco, CA 94107. This Agreement supersedes in its entirety the Video Game License Agreement, dated September 23, 2015, entered into between Developer and a corporate affiliate of Licensee. Developer and Licensee may be referred to individually as a “Party” and collectively as the “Parties.”
FORM OF SUBSCRIPTION AGREEMENT Fig Publishing, Inc. Fig Game Shares Regulation ASubscription Agreement • December 16th, 2016 • Fig Publishing, Inc. • Services-prepackaged software • Delaware
This Agreement is made between Fig Publishing, Inc. (“Fig”) and the undersigned subscriber (the “Undersigned”). Pursuant to this Agreement, and subject to its terms and conditions, Fig agrees to sell to the Undersigned, and the Undersigned agrees to purchase, that certain number of shares previously specified by the Undersigned to Fig (the “Shares”) of Fig’s non-voting preferred stock, par value $0.0001 per share, from the series of such preferred stock known as “Fig Game Shares – Wasteland 3”, the shares of which are designed to reflect the economic performance of a video game co-publishing license agreement that Fig has entered into with a third-party video game developer, inXile Entertainment, Inc., in respect of the video game Wasteland 3. The purchase price of such preferred stock is $1,000.00 per share.
Microsoft Corporation Tel 425 882 8080Fig Publishing, Inc. • August 2nd, 2019 • Services-prepackaged software
FIG REVENUE-SHARING AGREEMENTFig Revenue-Sharing Agreement • January 18th, 2023 • Fig Publishing, Inc. • Services-prepackaged software • New York
This FIG REVENUE-SHARING AGREEMENT (this “Agreement”) is entered into as of February 22, 2022 (the “Effective Date”), by and between the following parties (the “Parties”), with respect to the video game referenced below:
Microsoft Corporation Tel 425 882 8080Fig Publishing, Inc. • August 2nd, 2019 • Services-prepackaged software
