Exchange Agreement Sample Contracts

Exchange Agreement

An exchange agreement defines the terms and conditions related to the transfer of interest in property from  one party to another.  Exchange agreements are typically used with the exchange of interest in negotiable instruments such as a check, promissory note, or certificate of deposit.

KSIX Media Holdings, Inc. – Exchange Agreement (July 10th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is made and entered into as of June 29, 2018 by and between Surge Holdings, Inc. (the "Company") and Kevin Brian Cox ("COX"). The Company and COX are hereinafter sometimes referred to individually as a "Party" or collectively as the "Parties".

KSIX Media Holdings, Inc. – Exchange Agreement (July 10th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is made and entered into as of June 29, 2018 by and between Surge Holdings, Inc. (the "Company") and Thirteen Nevada LLC ("13"). The Company and 13 are hereinafter sometimes referred to individually as a "Party" or collectively as the "Parties".

Bionik Laboratories Corp. – Exchange Agreement (July 5th, 2018)

THIS EXCHANGE AGREEMENT (this "Agreement") is dated as of the 28th day of June, 2018 (the "Effective Date"), by and between Bionik Laboratories Corp., a Delaware corporation (the "Company"), and RGD Investissements S.A.S (the "Holder").

Arkadia International – Exchange Agreement (June 29th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is dated as of May 11, 2018, between Caesar Capital Group, LLC ("Caesar"), Joseph W and Patricia G Abrams Family Trust dtd 3/95 ("Abrams"), and Freedom Leaf Inc. ("FRLF").

Exchange Agreement (June 25th, 2018)

EXCHANGE AGREEMENT (the Agreement), dated as of June 22, 2018 by and among Altimmune, Inc., a Delaware corporation, with headquarters located at 910 Clopper Road, Suite 201S, Gaithersburg, Maryland 20878 (the Company), the investor listed on the signature page attached hereto under the heading Holder (the Holder) and the investor listed on the signature page attached hereto under the heading Transferee Holder (the Transferee Holder). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement or the Existing Certificate of Designations (each as defined below), as applicable.

Exchange Agreement (June 25th, 2018)

EXCHANGE AGREEMENT (the Agreement), dated as of June 22, 2018 by and among Altimmune, Inc., a Delaware corporation, with headquarters located at 910 Clopper Road, Suite 201S, Gaithersburg, Maryland 20878 (the Company), the investor listed on the signature page attached hereto under the heading Holder (the Holder). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement or the Existing Certificate of Designations (each as defined below), as applicable.

National Energy Services Reunited Corp. – Shares Purchase Exchange Agreement (June 12th, 2018)
Cortex Pharmaceuticals – Exchange Agreement (June 6th, 2018)

______________________ (the "Holder) enters into this Agreement (the "Agreement") with RespireRx Pharmaceuticals Inc., a Delaware corporation (the "Company") on ________, whereby Holder will exchange Holder's 10% Convertible Note ("Note") for shares of common stock of the Company (the "Exchange").

Workhorse Group Inc. – Exchange Agreement (June 4th, 2018)

This Exchange Agreement (the "Agreement") is dated as of June 4, 2018 (the "Effective Date"), by and between Workhorse Group Inc., a Nevada corporation (the "Company"), and the holder(s) identified on the signature pages hereto (each, a "Holder" and collectively, the "Holders").

Exchange Agreement (June 1st, 2018)
Sport Endurance, Inc. – Exchange Agreement (June 1st, 2018)

THIS EXCHANGE AGREEMENT (the "Agreement") is made as of the 31st day of May 2018, by and between, Sport Endurance, Inc., a Nevada corporation (the "Company"), and the investor signatory hereto (the "Investor").

Exchange Agreement (May 31st, 2018)

THIS EXCHANGE AGREEMENT (the "Agreement"), dated as of May 24, 2018, is made by and between Towerstream Corporation, a Delaware corporation ("Company"), and the holder of Warrants (as defined herein) signatory hereto (the "Holder").

GreenSky, Inc. – Exchange Agreement (May 29th, 2018)

EXCHANGE AGREEMENT (this "Agreement"), dated as of May 23, 2018, among GreenSky Holdings, LLC, a Georgia limited liability company (the "Company"), GreenSky, Inc., a Delaware corporation ("GreenSky"), and the Members (as defined herein) from time to time party hereto.

American Liberty Petroleum Corp. – Exchange Agreement (May 25th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is made effective as of May 25, 2018 (the "Execution Date") by and among Avant Diagnostics, Inc., a Nevada corporation (the "Company") and _______________ (the "Investor").

Exchange Agreement (May 25th, 2018)

[*] (the Undersigned), for itself and on behalf of the beneficial owner listed on Exhibit A hereto (the Account and the Holder) for whom the Undersigned holds contractual and investment authority, enters into this Exchange Agreement (this Agreement) with MannKind Corporation (the Company) on May 25, 2018 whereby the Holder will exchange (the Exchange) a portion of the Companys 5.75% Convertible Senior Notes due 2021 (the Notes) issued pursuant to that certain Indenture, dated as of October 30, 2017, between the Company and U.S. Bank National Association, as trustee (the Trustee), together with all accrued and unpaid interest thereon, for shares of the Companys common stock, par value $0.01 per share (the Common Stock).

American Liberty Petroleum Corp. – Exchange Agreement (May 25th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is made effective as of May 25, 2018 (the "Execution Date") by and among Avant Diagnostics, Inc., a Nevada corporation (the "Company") and Coastal Investment Partners LLC (the "Investor").

American Liberty Petroleum Corp. – Exchange Agreement (May 25th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is made effective as of May 25, 2018 (the "Execution Date") by and among Avant Diagnostics, Inc., a Nevada corporation (the "Company") and Black Mountain Equity Partners, LLC (the "Investor").

Exchange Agreement (May 24th, 2018)

This EXCHANGE AGREEMENT (the "Agreement") is entered into May 18, 2018, by and among One Horizon Group, Inc., a Delaware corporation ("OHGI"), Banana Whale Studios., a Singapore corporation (the "Company"), Sargon Petros, Mark Hogbin, Rita Liu and Jeremy Chung, the stockholders of the Company ("Stockholders"), upon the following premises:

EVO Payments, Inc. – Exchange Agreement (May 21st, 2018)

EXCHANGE AGREEMENT (this Agreement), dated as of [*], by and among EVO Investco, LLC, a Delaware limited liability company (the Company), EVO Payments, Inc., a Delaware corporation (Pubco), the holders of Common Units in the Company and shares of Class C Common Stock or Class D Common Stock of Pubco, and the Call Option Holder, from time to time party hereto (each, a Holder).

SAILFISH ENERGY HOLDINGS Corp – Exchange Agreement (May 16th, 2018)
Viper Energy Partners LP – EXCHANGE AGREEMENT BY AND AMONG DIAMONDBACK ENERGY, INC. VIPER ENERGY PARTNERS LLC VIPER ENERGY PARTNERS GP LLC and VIPER ENERGY PARTNERS LP Dated as of May 9, 2018 (May 15th, 2018)

This Exchange Agreement (this "Agreement"), dated as of May 9, 2018, by and among Viper Energy Partners LP, a Delaware limited partnership (the "Partnership"), Viper Energy Partners GP LLC, a Delaware limited liability company (the "General Partner"), Viper Energy Partners LLC, a Delaware limited liability company (the "Operating Company"), and Diamondback Energy, Inc., a Delaware corporation (the "Sponsor"). The above-named entities are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties."

Keryx Biopharmaceuticals, Inc. – Notes Exchange Agreement (May 10th, 2018)

This Notes Exchange Agreement (this Exchange Agreement) is dated as of May 8, 2018, between Keryx Biopharmaceuticals, Inc., a Delaware corporation (the Company), and Baupost Group Securities, L.L.C., a Massachusetts limited liability company (the Investor).

Pluralsight, Inc. – Exchange Agreement (May 7th, 2018)

THIS EXCHANGE AGREEMENT (this Agreement) is made and entered into as of [Month] [Day], 2018, by and between Pluralsight, Inc., a Delaware corporation (the Company) and the persons and entities (each, a Contributor and collectively, the Contributors) listed on Schedule I below. Each of the Contributors and the Company shall be known as a Party herein.

EVO Payments, Inc. – Exchange Agreement (May 7th, 2018)

EXCHANGE AGREEMENT (this Agreement), dated as of [*], by and among EVO Investco, LLC, a Delaware limited liability company (the Company), EVO Payments, Inc., a Delaware corporation (Pubco), the holders of Common Units in the Company and shares of Class C Common Stock or Class D Common Stock of Pubco, and the Call Option Holder, from time to time party hereto (each, a Holder).

EXCHANGE AGREEMENT by and Among Banjo & Matilda, Inc. (A Nevada Corporation), Spectrum King, LLC (A Delaware Limited Liability Company) and the Members of Spectrum King, LLC Dated as of March 19, 2018 EXCHANGE AGREEMENT (May 7th, 2018)

THIS EXCHANGE AGREEMENT (hereinafter referred to as this "Agreement") is entered into as of March 19, 2018, by and among Banjo & Matilda, Inc., a Nevada corporation ("Banjo"), Spectrum King, LLC, a Delaware limited liability company (the "Company"), and the members of the Company executing this Agreement (the "Members"), upon the following premises:

Tapinator, Inc. – Series B Exchange Agreement (April 30th, 2018)

THIS SERIES B EXCHANGE AGREEMENT (this "Agreement"), dated as of February 23, 2018 (the "Closing Date"), is entered into by and between Tapinator, Inc., a Delaware corporation (the "Company"), and the party identified as "Holder" on the signature page hereto (the "Holder").

GreenSky, Inc. – Exchange Agreement (April 27th, 2018)

EXCHANGE AGREEMENT (this "Agreement"), dated as of *, 2018, among GreenSky Holdings, LLC, a Georgia limited liability company (the "Company"), GreenSky, Inc., a Delaware corporation ("GreenSky"), and the Members (as defined herein) from time to time party hereto.

Exchange Agreement (April 27th, 2018)

THIS EXCHANGE AGREEMENT (Agreement) is made as of the 23rd day of April, 2018 by and among Turtle Beach Corporation, a Nevada corporation (the Company), and the Investors set forth on the signature pages affixed hereto (each an Investor and collectively the Investors).

Cancellation and Exchange Agreement (April 20th, 2018)

THIS CANCELLATION AND EXCHANGE AGREEMENT (this "Agreement"), is entered into effective as of April 20, 2018, among FC Global Realty Incorporated, a Nevada corporation (the "Company"), and Opportunity Fund I-SS, LLC, a Delaware limited liability company (the "Investor"). The Company and the Investor are collectively referred to in this Agreement as the "Parties," and each a "Party."

Castor Maritime Inc. – Exchange Agreement (April 11th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is entered into as of September 22, 2017, by and among Castor Maritime Inc., a Marshall Islands corporation (the "Company"), Spetses Shipping Co., a Marshall Islands corporation ("Spetses") and the shareholders of Spetses Shipping Co. listed on Schedules A.1-A.3 hereto (the "Shareholders"). The foregoing shall be referred to individually as a "Party" and collectively as the "Parties."

Metastat Inc – Exchange Agreement (April 5th, 2018)

This EXCHANGE AGREEMENT (this "Agreement") is made effective as of March 30, 2018 (the "Execution Date") by and among MetaStat, Inc., a Nevada corporation (the "Company") and [___________] (the "Investor").

Editworks – Exchange Agreement (April 5th, 2018)

EXCHANGE AGREEMENT, dated as of the 29th day of March, 2018, by and between Yosen Group, Inc., a Nevada corporation ("Yosen") and Zhenggang Wang, a resident of the People's Republic of China ("Wang").

Medefile International, Inc. – Exchange Agreement (April 3rd, 2018)

This Exchange Agreement (this "Agreement") dated this 30th day of March, 2018, by and among Hash Labs Inc., a Nevada corporation (the "Company") and Lyle Hauser, an individual (the "Holder").

Medefile International, Inc. – Exchange Agreement (April 3rd, 2018)

This Exchange Agreement (this "Agreement") dated this 30th day of March, 2018, by and among Hash Labs Inc., a Nevada corporation (the "Company") and The Vantage Group Ltd., a Delaware corporation (the "Holder").

Bionik Laboratories Corp. – Exchange Agreement (April 3rd, 2018)

THIS EXCHANGE AGREEMENT (this "Agreement") is dated as of the 30th day of March, 2018 (the "Effective Date"), by and between Bionik Laboratories Corp., a Delaware corporation (the "Company"), and RGD Investissements S.A.S (the "Holder").