0001047469-20-000166 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture • Delaware

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into effective as of [date] between Casper Sleep Inc., a Delaware corporation (the “Company”), and [·], [a member of the Board of Directors/an officer] (“Indemnitee”).

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CASPER SCIENCE LLC CASPER SLEEP RETAIL LLC LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture • North Carolina

This LOAN AND SECURITY AGREEMENT (the “Agreement”) is entered into as of April 27, 2016, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and Casper Sleep Inc., Casper Science LLC and Casper Sleep Retail LLC (individually and collectively referred to herein as “Borrower”).

PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture • California

This is a PLAIN ENGLISH GROWTH CAPITAL LOAN AND SECURITY AGREEMENT dated as of March 1, 2019 by and between (i) CASPER SLEEP INC., a Delaware corporation, CASPER SLEEP RETAIL LLC, a Delaware limited liability company and CASPER SCIENCE LLC, a Delaware limited liability company, as borrowers, and any other Person that executes a Joinder Agreement to become a borrower under this Agreement, and (ii)(A) TRIPLEPOINT VENTURE GROWTH BDC CORP., a Maryland corporation, in its capacity as a lender (in such capacity, “TPVG”) and in its capacity as Collateral Agent pursuant to the Collateral Agency Agreement (as defined herein) (in such capacity, “Collateral Agent”) and (B) TRIPLEPOINT CAPITAL LLC, a Delaware limited liability company, in its capacity as a lender (in such capacity, “TPC”; TPVG and TPC, in their respective capacities as lenders, each a “Lender” and collectively the “Lenders”).

FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture

This Fifth Amendment to Loan and Security Agreement (this “Amendment”) is made and entered into as of September 1, 2019 by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and CASPER SLEEP INC., CASPER SCIENCE LLC, and CASPER SLEEP RETAIL LLC (individually and collectively, jointly and severally, “Borrower”).

CASPER SLEEP INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT dated February 4, 2019
Investors’ Rights Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture • New York

THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of February 4, 2019 by and among Casper Sleep Inc., a Delaware corporation (the “Company”), the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor”, and the Founders listed on Schedule B hereto, each of which is referred to in this Agreement as a “Founder”.

THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture

This Third Amendment to Loan and Security Agreement (the “Amendment”) is made and entered into as of December 12, 2018 by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and CASPER SLEEP INC. and CASPER SCIENCE LLC (individually and collectively, jointly and severally, “Borrower”).

FOURTH AMENDMENT AND JOINDER TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture

This Fourth Amendment and Joinder to Loan and Security Agreement (this “Amendment”), dated as of March 1, 2019, is executed and delivered by CASPER SLEEP INC. and CASPER SCIENCE LLC (individually and collectively, jointly and severally, “Existing Borrower”), CASPER SLEEP RETAIL LLC (“New Borrower”) and PACIFIC WESTERN BANK, a California state chartered bank (“Bank”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to those terms in the Loan Agreement (as defined below).

SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture

This Second Amendment to Loan and Security Agreement (the “Amendment”), is entered into as of August 14, 2018, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”) and CASPER SLEEP INC. and CASPER SCIENCE LLC (individually and collectively, jointly and severally, “Borrower”).

FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture

This First Amendment to Loan and Security Agreement (the “Amendment”), is entered into as of November 20, 2017, by and between PACIFIC WESTERN BANK, a California state chartered bank (the “Bank”) and CASPER SLEEP INC., a Delaware corporation (“Casper Sleep”) and CASPER SCIENCE LLC, a Delaware limited liability company (“Casper Science” and together with Casper Sleep, individually and collectively, jointly and severally, “Borrower”).

EXECUTIVE SEVERANCE AND CHANGE IN CONTROL AGREEMENT
Executive Severance and Change in Control Agreement • January 10th, 2020 • Casper Sleep Inc. • Household furniture • New York

This Executive Severance and Change in Control Agreement (this “Agreement”) is made by and between Casper Sleep Inc., a Delaware corporation (the “Company”) and (the “Executive”) dated as of [ ], 2020 (the “Effective Date”). For purposes of this Agreement, “Company” shall mean the Company and its subsidiaries.

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