AeroGrow International, Inc. Investor Rights AgreementInvestor Rights Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Colorado
This Investor Rights Agreement (the “Agreement”) is entered into as of the ___ day of June, 2009 by and among AeroGrow International, Inc., a Nevada corporation (the “Company”) and the investors listed on Exhibit A hereto, referred to hereinafter as the “Investors” and each individually as an “Investor.”
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”). THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO...Purchase Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Colorado
This Warrant is being issued pursuant to the terms of the Series A Stock and Warrant Purchase Agreement, dated June ___, 2009 (the “Purchase Agreement”), by and among the Corporation and the parties set forth on Exhibit A thereto. Capitalized terms used herein but not otherwise defined shall have the meanings given to them in the Purchase Agreement.
SECOND FORBEARANCE AGREEMENTSecond Forbearance Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Oklahoma
THIS SECOND FORBEARANCE AGREEMENT (this “Second Forbearance Agreement”) effective as of April 29, 2009 among AEROGROW INTERNATIONAL, INC., a Nevada corporation (“Borrower”), Jack J. Walker, a Colorado resident (“Guarantor”; Borrower and Guarantor are sometimes referred to herein individually as an “Obligor” and collectively as “Obligors”), and FCC, LLC, d/b/a First Capital, a Florida limited liability company (“Lender”).
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
DESCRIPTION OF EXISTING INDEBTEDNESS. A Promissory Note dated May 19, 2008 in the original amount of $1,000,000.00 as modified from time to time by certain Change in Terms Agreements, if applicable.
WAIVER AND THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
This Waiver and Third Amendment to that certain Loan and Security Agreement ("Amendment") is made and effective as of the 1st day of July, 2009 (“Effective Date”) by and between AEROGROW INTERNATIONAL, INC. (“Borrower”), Jack J. Walker (the “Guarantor”), Jervis B. Perkins and H. MacGregor Clarke (collectively, the “Validity Guarantor”)(Borrower, Guarantor and Validity Guarantor are collectively referred to herein as “Obligors”), and FCC, LLC d/b/a First Capital ("Lender").
ContractLoan Extension Agreement • July 6th, 2009 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply
THIS LOAN EXTENSION AGREEMENT (“Extension Agreement”) is made effective April 1, 2009 BY AND BETWEEN WLoans LLC (“Lender”) Aerogrow International, Inc (“Borrower”) and Jack J. Walker (“Walker”).
