COMMON STOCK PURCHASE WARRANT SMITH MICRO SOFTWARE, INC.Common Stock Purchase Warrant • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time beginning on ___________1 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ________2 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Smith Micro Software, Inc., a Delaware corporation (the “Company”), up to __________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August 11, 2022, is by and among Smith Micro Software, Inc., a Delaware corporation (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 11, 2022, is by and among Smith Micro Software, Inc., a Delaware corporation (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 11, 2022, between Smith Micro Software, Inc., a Delaware corporation (the “Company”), and the purchaser identified on the signature pages hereto (including its successors and assigns, the “Purchaser”).
EXHIBIT E VOTING AGREEMENTVoting Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
This Voting Agreement (this "Agreement"), dated as of August ___, 2022 between the undersigned stockholder ("Stockholder") of SMITH MICRO SOFTWARE, INC., a Delaware corporation (the "Company"), and the Company.
EXHIBIT D LOCK-UP AGREEMENTSecurities Purchase Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
Re: Securities Purchase Agreement, dated as of August __, 2022 (the "Securities Purchase Agreement"), between Smith Micro Software, Inc., a Delaware corporation (the "Company") and the purchasers signatory thereto (each, a "Purchaser" and, collectively, the "Purchasers")
GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • August 11th, 2022 • Smith Micro Software, Inc. • Services-prepackaged software • New York
GUARANTY AND SECURITY AGREEMENT, dated as of August 11, 2022 (this “Agreement”), made by SMITH MICRO SOFTWARE, INC., a Delaware corporation (the “Company”), SMITH MICRO SOFTWARE, LLC a Delaware limited liability company and each of the undersigned direct and indirect domestic Subsidiaries of the Company from time to time, if any (each a “Grantor” and together with the Company, collectively, the “Grantors”), in favor of IROQUOIS CAPITAL MANAGEMENT, LLC, in its capacity as collateral agent (in such capacity, the “Collateral Agent”) for the Noteholders (as defined below) party to the Securities Purchase Agreement, dated as of August 11, 2022 (as amended, modified, supplemented, extended, renewed, restated or replaced from time to time, the “Securities Purchase Agreement”).
