Senior Convertible Promissory Note due August 23, 2024Abvc Biopharma, Inc. • February 24th, 2023 • Pharmaceutical preparations • Nevada
For value received, ABVC BioPharma, Inc., a Nevada corporation (the “Maker” or the “Company”), hereby promises to pay to the order of Lind Global Fund II LP, a Delaware limited partnership (together with its successors and representatives, the “Holder”), in accordance with the terms hereinafter provided, the principal amount of THREE MILLION SEVEN HUNDRED FOUR THOUSAND ONE HUNDRED SIXTY SEVEN DOLLARS ($3,704,167.00) (the “Principal Amount”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations • Nevada
This Securities Purchase Agreement (as amended, supplemented, restated and/or modified from time to time, this “Agreement”) is entered into as of February [●], 2023, by and between ABVC BioPharma, Inc., a Nevada corporation (the “Company”), and Lind Global Fund II LP, a Delaware limited partnership (the “Investor”).
ContractCommon Stock Purchase Warrant • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations
THIS WARRANT HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY.
SECURITY AGREEMENTSecurity Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations
SECURITY AGREEMENT (this “Agreement”), dated as of February 23, 2023, by and between ABVC BIOPHARMA, INC., a Nevada corporation (the “Company”), and LIND GLOBAL FUND II LP (the “Secured Party”).
STOCK PLEDGE AGREEMENTStock Pledge Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations
This PLEDGE AGREEMENT (this “Agreement”) is made as of February 23, 2023, by and between ABVC Biopharma, Inc., a Nevada corporation (the “Company”), and LIND GLOBAL FUND II LP (the “Secured Party”).
GUARANTYGuaranty • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations • Nevada
GUARANTY (the “Guaranty”), dated as of February 23, 2023, by AMERICAN BRIVISION CORPORATION, a Delaware corporation (“American BriVision”), BIOKEY, INC., a California corporation (“BioKey”), BIOLITE HOLDINGS, INC., a Nevada corporation (“BioLite”), and BIOLITE BVI, INC., a British Virgin Islands corporation (“BioLite BVI” and, collectively with American BriVision, BioKey and BioLite, the “Guarantors”, and each, a “Guarantor”), in favor of LIND GLOBAL FUND II LP (the “Lender”).
GUARANTOR SECURITY AGREEMENTGuarantor Security Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations
GUARANTOR SECURITY AGREEMENT (this “Agreement”), dated as of February 23, 2023, by and among AMERICAN BRIVISION CORPORATION, a Delaware corporation (“American BriVision”), BIOKEY, INC., a California corporation (“BioKey”), BIOLITE HOLDING, INC., a Nevada corporation (“BioLite”), BIOLITE BVI, INC., a British Virgin Islands corporation (“BioLite BVI” and, collectively with American BriVision, BioKey and BioLite, the “Companies”, and each, individually, a “Company”), and LIND GLOBAL FUND II LP (the “Secured Party”).
COPYRIGHT SECURITY AGREEMENTCopyright Security Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations • New York
This COPYRIGHT SECURITY AGREEMENT (this “Patent Security Agreement”) is entered into as of February 23, 2023 by and between ABVC BIOPHARMA, INC., a Nevada corporation (the “Grantor”) and LIND GLOBAL FUND II LP (the “Lender”).
PATENT SECURITY AGREEMENTPatent Security Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations • Nevada
This PATENT SECURITY AGREEMENT (this “Patent Security Agreement”) is entered into as of February 23, 2023 by and between ABVC BIOPHARMA, INC., a Nevada corporation (the “Grantor”) and LIND GLOBAL FUND II LP (the “Lender”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations • Nevada
This TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is entered into as of February 23, 2023 by and between ABVC BIOPHARMA, INC., a Nevada corporation (“ABVC”), Rgene Corporation, a company incorporated under the laws of Taiwan (“Rgene” and, together with ABVC, each a “Grantor” and together, the “Grantors”), and LIND GLOBAL FUND II LP (the “Lender”).
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • February 24th, 2023 • Abvc Biopharma, Inc. • Pharmaceutical preparations • Nevada
This TRADEMARK SECURITY AGREEMENT (this "Trademark Security Agreement") is entered into as of February 23, 2023 by and between ABVC BIOPHARMA, INC., a Nevada corporation (“ABVC”), BioFirst Corporation, a company incorporated under the laws of Taiwan (“BioFirst” and, together with ABVC, each a “Grantor” and together, the “Grantors”) and LIND GLOBAL FUND II LP (the “Lender”).
