0001104659-24-060066 Sample Contracts
AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 13th, 2024 • MNTN, Inc. • Services-advertising • California
This AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT, dated as of November 23, 2021 (the “Closing Date”), is made and entered into between WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION (“Lender”) and MNTN DIGITAL, INC. (f/k/a Steel House, Inc.), a Delaware corporation (“Borrower”) on the following terms and conditions:
FIRST MODIFICATION TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 13th, 2024 • MNTN, Inc. • Services-advertising
This FIRST MODIFICATION TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Modification”) is entered into as of August 1, 2022, by and between MNTN DIGITAL, INC. (f/k/a Steel House, Inc.), a Delaware corporation (the “Borrower”) WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”).
SECOND MODIFICATION AND CONSENT TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENTBusiness Financing Agreement • May 13th, 2024 • MNTN, Inc. • Services-advertising
This SECOND MODIFICATION AND CONSENT TO AMENDED AND RESTATED BUSINESS FINANCING AGREEMENT (this “Modification”) is entered into as of June 27, 2023, by and between MNTN, INC. (f/k/a MNTN Digital, Inc.), a Delaware corporation (the “Borrower”) WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”).
ContractSubordinated Convertible Promissory Note • May 13th, 2024 • MNTN, Inc. • Services-advertising • Delaware
THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”) OR UNDER THE SECURITIES LAWS OF CERTAIN STATES, AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT FILED UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER THE ACT OR THE APPLICABLE STATE SECURITIES LAWS OR UNLESS SOLD IN ACCORDANCE WITH RULE 144 UNDER THE ACT.
MNTN, INC. OMNIBUS AMENDMENT TO NOTES AND WARRANTSOmnibus Amendment to Notes and Warrants • May 13th, 2024 • MNTN, Inc. • Services-advertising
This Omnibus Amendment to Notes and Warrants (this “Amendment”) is made and entered into as of May 9, 2024 by and among MNTN, Inc., a Delaware corporation (the “Company”), and the lenders named on Schedule 1 of the Purchase Agreement (as defined below) (the “Lenders”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Purchase Agreement.
MNTN, INC. WARRANT TO PURCHASE STOCKWarrant Agreement • May 13th, 2024 • MNTN, Inc. • Services-advertising • Delaware
This Warrant has been issued pursuant to that certain Note and Warrant Purchase Agreement dated as of January 27, 2023 (the “Purchase Agreement”), by and among the Company, the original holder of this Warrant and certain other investors, and is subject to the provisions thereof. Capitalized terms used but not defined herein have the meanings ascribed to them in the Purchase Agreement.