Contingent Convertible Debt Agreement Sample Contracts
2023 CONTINGENT CONVERTIBLE DEBT AGREEMENTContingent Convertible Debt Agreement • May 17th, 2023 • Achieve Life Sciences, Inc. • In vitro & in vivo diagnostic substances
TO: First-Citizens Bank & Trust Company (“FCB”), as Agent, FCB, SVB Innovation Credit Fund VIII, L.P. and Innovation Credit Fund VIII-A, L.P., as Lenders
Standard Contracts
CONTINGENT CONVERTIBLE DEBT AGREEMENTContingent Convertible Debt Agreement • March 17th, 2020 • BigCommerce Holdings, Inc. • Services-prepackaged software • Texas
THIS CONTINGENT CONVERTIBLE DEBT AGREEMENT (this “Agreement”) dated as of October 27, 2017 (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, 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:
FIRST AmendmentContingent Convertible Debt Agreement • April 27th, 2022 • Achieve Life Sciences, Inc. • In vitro & in vivo diagnostic substances
This First Amendment to 2021 Contingent Convertible Debt Agreement (this “Amendment”) is entered into this 26th day of April, 2022, by and among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) SVB Innovation Credit Fund VIII, L.P., a Delaware limited partnership (“SVB Innovation Fund”), as a lender (SVB and SVB Innovation Fund and each of the other “ Lenders” from time to time a party hereto are referred to herein collectively as the “Lenders” and each individually as a “Lender”), and (d) ACHIEVE LIFE SCIENCES, INC., a Delaware corporation (“Borrower”).
2024 CONTINGENT CONVERTIBLE DEBT AGREEMENTContingent Convertible Debt Agreement • July 29th, 2024 • Achieve Life Sciences, Inc. • In vitro & in vivo diagnostic substances
Under the terms and conditions of the 2024 Contingent Convertible Debt Agreement among Borrower, FCB and Agent (as amended, modified, supplemented and/or restated from time to time, the “Agreement”), Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below. Attached are the required documents evidencing such compliance, setting forth calculations prepared in accordance with GAAP consistently applied from one period to the next except as explained in an accompanying letter or footnotes. Capitalized terms used but not otherwise defined herein shall have the meanings given them in the Agreement.
