SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 4th, 2021 • Xeriant, Inc. • Aircraft • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 27, 2021, by and between XERIANT, INC., a Nevada corporation, with headquarters located at Innovation Centre 1 3998 FAU Boulevard, Suite 309, Boca Raton, FL 33431 (the “Company”), and AUCTUS FUND, LLC, a Delaware limited liability company, with its address at 545 Boylston Street, 2nd Floor, Boston, MA 02116 (the “Buyer”).
COMMON STOCK PURCHASE WARRANT XERIANT, INC.Common Stock Purchase Warrant • November 4th, 2021 • Xeriant, Inc. • Aircraft • Nevada
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with the issuance of the senior secured promissory note in the principal amount of $6,050,000.00 to the Holder (as defined below) of even date) (the “Note”), Auctus Fund, LLC, a Delaware limited liability company (including any permitted and registered assigns, the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of issuance hereof, to purchase from XERIANT, INC., a Nevada corporation (the “Company”), 50,968,828 shares of Common Stock (the “Warrant Shares”) (whereby such number may be adjusted from time to time pursuant to the terms and conditions of this Warrant) at the Exercise Price per share then in effect. This Warrant is issued by the Company as of the date hereof in connection with that certain securities purchase agreement dated October 27, 2021, by and among the Company a
SECURITY AGREEMENTSecurity Agreement • November 4th, 2021 • Xeriant, Inc. • Aircraft • Nevada
This SECURITY AGREEMENT, dated as of October 27, 2021 (this “Agreement”), is among Xeriant, Inc., a Nevada corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and Auctus Fund, LLC, a Delaware limited liability company (collectively with its endorsees, transferees and assigns, the “Secured Parties”).
