0001193125-22-276398 Sample Contracts

STOCKHOLDERS’ AGREEMENT
Stockholders’ Agreement • November 3rd, 2022 • Bakkt Holdings, Inc. • Services-prepackaged software • Delaware

This STOCKHOLDERS’ AGREEMENT (this “Agreement”), dated as of November 2, 2022, is entered into by and between Bakkt Holdings, Inc., a Delaware corporation (the “Company”), Apex Fintech Solutions Inc., a Delaware limited liability company (“Investor”), and PEAK6 Investments LLC, a Delaware limited liability company agreement (“PEAK6 Investments”). Capitalized terms used herein and not otherwise defined have the meanings given to such terms in the Purchase Agreement.

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CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT, MARKED BY BRACKETS AND ASTERISKS [***], HAVE BEEN OMITTED BECAUSE THE CONFIDENTIAL OMITTED INFORMATION IS BOTH (I) NOT MATERIAL AND (II) INFORMATION THAT THE REGISTRANT CUSTOMARILY AND ACTUALLY TREATS AS...
Membership Interest Purchase Agreement • November 3rd, 2022 • Bakkt Holdings, Inc. • Services-prepackaged software • Delaware

THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT (this “Agreement”) dated as of November 2, 2022 (the “Agreement Date”), is entered into by and among Bakkt Holdings, Inc., a Delaware corporation (“Parent”), Bakkt Marketplace, LLC, a Virginia limited liability company (“Purchaser”), Apex Fintech Solutions Inc., a Delaware corporation (“Seller”), and Apex Crypto LLC, a Delaware limited liability company (the “Company”). Parent, Purchaser, Seller and Company are collectively referred to herein as the “Parties” and individually as a “Party”.

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