REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 10th, 2019 • Better Choice Co Inc. • Beverages • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of May 6, 2019 (the “Execution Date”) by and among Better Choice Company Inc., a Delaware corporation (the “Company”), and the undersigned (the “Investor”).
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 10th, 2019 • Better Choice Co Inc. • Beverages • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 28, 2019 (the “Execution Date”), by and among Sport Endurance, Inc., a Nevada corporation which is in the process of reincorporating as Better Choice Company Inc., a Delaware corporation (“BCC”), BCC Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of BCC (“Merger Sub”), and Bona Vida, Inc., a Delaware corporation (“Bona Vida”). Each of BCC, Merger Sub and Bona Vida shall be known individually as a “Party” and collectively as the “Parties.”
SECURITIES EXCHANGE AGREEMENTSecurities Exchange Agreement • May 10th, 2019 • Better Choice Co Inc. • Beverages • Delaware
THIS SECURITIES EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of February 2, 2019 by and among Sport Endurance, Inc., a Nevada corporation which is in the process of reincorporating as Better Choice Company Inc., a Delaware corporation (“BCC”), Trupet LLC, a Delaware limited liability company (“Trupet”), and the holders of the Membership Interests of Trupet whose names are set forth on the signature pages hereto other than BCC (each, a “Trupet Member,” and collectively, the “Trupet Members”). Each of BCC, Trupet and the Trupet Members shall be known individually as a “Party” and collectively as the “Parties.”
LOAN AGREEMENTLoan Agreement • May 10th, 2019 • Better Choice Co Inc. • Beverages
THIS LOAN AGREEMENT (this “Agreement”) is made and entered into by and between BETTER CHOICE COMPANY INC., a Delaware corporation (“Borrower”), and FRANKLIN SYNERGY BANK, a Tennessee banking corporation (“Lender”), as of this 6th day of May, 2019 (the “Closing Date”).
SECURITY AGREEMENTSecurity Agreement • May 10th, 2019 • Better Choice Co Inc. • Beverages • Tennessee
THIS SECURITY AGREEMENT (this “Agreement”) is made as of this 6th day of May, 2019 between BETTER CHOICE COMPANY INC., a Delaware corporation, having a place of business at the address shown above (the “Debtor”) and FRANKLIN SYNERGY BANK, a Tennessee banking corporation, having a place of business at the address shown above banking corporation, having a place of business at the address shown above (the “Secured Party”).
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAmendment to Agreement and Plan of Merger • May 10th, 2019 • Better Choice Co Inc. • Beverages
AMENDMENT TO SECURITIES EXCHANGE AGREEMENTSecurities Exchange Agreement • May 10th, 2019 • Better Choice Co Inc. • Beverages
THIS AMENDMENT TO SECURITIES EXCHANGE AGREEMENT (this “Amendment”), dated as of May 6, 2019 (the “Effective Date”), is by and among Better Choice Company, Inc. a Delaware corporation (“BCC”) and Trupet LLC, a Delaware limited liability company (“Trupet”).
