LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 5th, 2023 • Eightco Holdings Inc. • Paperboard containers & boxes • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and dated as of _______________ and is entered into by and among (a) FOREVER 8 FUND, LLC, a Delaware limited liability company (the “Borrower”); (b) the several individuals, financial institutions or entities from time to time parties to this Agreement as lenders (collectively, referred to as “Lenders” and each a “Lender”); and (c) the administrative and collateral agent for the Lender (s) if the Lender selects such an Agent. Otherwise, the term “Agent” shall refer to each Lender and the Lenders collectively if applicable. (the “Agent”).
DEBT EXCHANGE AGREEMENTDebt Exchange Agreement • June 5th, 2023 • Eightco Holdings Inc. • Paperboard containers & boxes
THIS DEBT EXCHANGE AGREEMENT (this “Agreement”) is made and entered into as of May 30, 2023 by and between Forever 8 Fund, LLC (the “Borrower” or “Borrower”), a Delaware corporation and TXC Services, LLC (the “Lender”), a Delaware limited liability company.
PROMISSORY NOTEEightco Holdings Inc. • June 5th, 2023 • Paperboard containers & boxes
The Maturity Date is June 30, 2024. Borrower may elect to extend the Maturity Date to September 30, 2024 by providing writing notice to the Lenders on or before May 31, 2024. This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated May 30, 2023 , by and among Borrower, Lender, and an individual, if any, (the “Agent”) and the several individuals, banks and other financial institutions or entities from time to time party thereto as lender (as the same may from time to time be amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same d
