FIRST AMENDMENT TO CONVERTIBLE SUBORDINATED NOTE PURCHASE AGREEMENT AND FIRST AMENDMENT TO CONVERTIBLE SUBORDINATED PROMISSORY NOTEConvertible Subordinated Note Purchase Agreement • May 18th, 2016 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS FIRST AMENDMENT TO CONVERTIBLE SUBORDINATED NOTE PURCHASE AGREEMENT AND FIRST AMENDMENT TO CONVERTIBLE SUBORDINATED PROMISSORY NOTE (this “Amendment”), effective as of May 17, 2016, is made and entered into by and among Mobilesmith, Inc., a Delaware corporation (the “Company”), the holder (the “Holder”) of the Convertible Subordinated Promissory Note (the “Note”) issued by the Company on December 11, 2014 pursuant to that certain Convertible Subordinated Note Purchase Agreement, dated December 11, 2014 (as amended through the date hereof, the “Note Purchase Agreement”), between the Company and the Holder. Capitalized terms used but not defined herein have the meanings assigned to them in the Note Purchase Agreement.
NINTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED NOTE PURCHASE AGREEMENT, SEVENTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES AND SIXTH AMENDMENT TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 18th, 2016 • MobileSmith, Inc. • Services-prepackaged software • Delaware
THIS NINTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED NOTE PURCHASE AGREEMENT, SEVENTH AMENDMENT TO CONVERTIBLE SECURED SUBORDINATED PROMISSORY NOTES AND SIXTH AMENDMENT TO REGISTRATION RIGHTS AGREEMENT (this “Amendment”), effective as of May 17, 2016, is made and entered into by and among MobileSmith, Inc., a Delaware corporation (the “Company”), the undersigned holders (the “Holders”, and each individually, a “Holder”) of the Convertible Secured Subordinated Promissory Notes (the “Notes”) issued by the Company from time to time pursuant to that certain Convertible Secured Subordinated Note Purchase Agreement, dated November 14, 2007 (as amended through the date hereof, the “Note Purchase Agreement”), among the Company and the Holders. Capitalized terms used but not defined herein have the meanings assigned to them in the Note Purchase Agreement.
