0001493152-24-012505 Sample Contracts

FORM OF REED’S INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 1st, 2024 • Reed's, Inc. • Bottled & canned soft drinks & carbonated waters • Delaware

This Indemnification Agreement (“Agreement”), dated as of ________________ is by and between Reed’s, Inc., a Delaware corporation (the “Company”) and ________________ (the “Indemnitee”).

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Contract
Simple Agreement • April 1st, 2024 • Reed's, Inc. • Bottled & canned soft drinks & carbonated waters • Delaware

THIS INSTRUMENT AND THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR UPON RECEIPT BY THE COMPANY OF AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER THE SECURITIES ACT.

FIFTH AMENDMENT TO THE 10% SECURED CONVERTIBLE NOTES
Reed's, Inc. • April 1st, 2024 • Bottled & canned soft drinks & carbonated waters • New York

THIS FIFTH AMENDMENT TO THE 10% SECURED CONVERTIBLE NOTES (this “Agreement”) is dated and effective as of October 5, 2023 between REED’S, INC., a Delaware corporation (the “Company”), the Holders party hereto, and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Holder Representative and Collateral Agent (the “Agent”).

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