2020 Contingent Convertible Debt Agreement Sample Contracts

Contract
2020 Contingent Convertible Debt Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Texas

THIS 2020 CONTINGENT CONVERTIBLE DEBT AGREEMENT (this “Agreement”) dated as of February 28, 2020 (the “Effective Date”) among (a) SILICON VALLEY BANK, a California corporation (“Bank”), and (b)(i) BIGCOMMERCE HOLDINGS, INC., a Delaware corporation (“Delaware Borrower”), (ii) BIGCOMMERCE, INC., a Texas corporation (“Texas Borrower”), and (iii) BIGCOMMERCE PTY LTD ACN 107 422 631, a company incorporated under the laws of Australia (“Australian Borrower”; and together with Delaware Borrower and Texas Borrower, jointly and severally, individually and collectively, “Borrower”) provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:

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