SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 27th, 2021 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April 22, 2021, by and between DATA443 RISK MITIGATION, INC., a Nevada corporation, with headquarters located at 101 J Morris Commons Lane, Suite 105, Morrisville, NC 27560 (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 (FIRST WARRANT) DATA443 RISK MITIGATION, INC.Common Stock Purchase Warrant • April 27th, 2021 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • 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 $832,000.00 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 DATA443 RISK MITIGATION, INC., a Nevada corporation (the “Company”), 110,933,333 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 April 22, 2021, by and among
SECURITY AGREEMENTSecurity Agreement • April 27th, 2021 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • Nevada
This SECURITY AGREEMENT, dated as of April 22, 2021 (this “Agreement”), is among Data443 Risk Mitigation, 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”).
COMMON STOCK PURCHASE WARRANT (SECOND WARRANT) DATA443 RISK MITIGATION, INC.Common Stock Purchase • April 27th, 2021 • Data443 Risk Mitigation, Inc. • Services-prepackaged software • 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 $832,000.00 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 DATA443 RISK MITIGATION, INC., a Nevada corporation (the “Company”), 110,933,333 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 April 22, 2021, by and among
