ContractAlkami Technology, Inc. • March 10th, 2021 • Services-prepackaged software • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
WARRANT TO PURCHASE STOCKAlkami Technology, Inc. • March 10th, 2021 • Services-prepackaged software • Delaware
THIS WARRANT TO PURCHASE STOCK (THIS “WARRANT”) CERTIFIES THAT, for good and valuable consideration, the receipt of which is hereby acknowledged, COMERICA BANK, a Texas banking association, or its assignee (“Holder”), is entitled to purchase the number of fully paid and nonassessable shares of the class of securities (the “Shares”) of ALKAMI TECHNOLOGY, INC. (the “Company”) at the Warrant Price, all as set forth above and as adjusted pursuant to the terms of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. This Warrant is issued in connection with that certain Amended and Restated Loan and Security Agreement dated as of July 21, 2017 by and between the Company and COMERICA BANK, as amended, modified, supplemented, extended or restated from time to time, including by that certain First Amendment to Amended and Restated Loan and Security Agreement dated as of the date hereof (the “Loan Agreement”); capitalized terms not otherwise define
GUARANTEE AND COLLATERAL AGREEMENT Dated as of October 16, 2020 made by ALKAMI TECHNOLOGY, INC., as the Borrower and the other Grantors referred to herein, in favor of SILICON VALLEY BANK, as Administrative AgentGuarantee and Collateral Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • New York
This GUARANTEE AND COLLATERAL AGREEMENT (this “Agreement”), dated as of October 16, 2020, is made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, each a “Grantor” and, collectively, the “Grantors”), in favor of SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent (in such capacities, together with any successors and assigns in such capacities, the “Administrative Agent”) for the banks and other financial institutions or entities (each a “Lender” and, collectively, the “Lenders”) from time to time party to the Credit Agreement, dated as of the date hereof (as amended, amended and restated, supplemented, restructured or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), among ALKAMI TECHNOLOGY, INC., a Delaware corporation (the “Borrower”), the Lenders, the Administrative Agent, and SVB as the Issuing Lender and the Swingling Lender.
SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of October 16, 2020, among ALKAMI TECHNOLOGY, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, and SILICON VALLEY BANK, as Administrative Agent, Issuing Lender and...Credit Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of October 16, 2020, is entered into by and among ALKAMI TECHNOLOGY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders (in such capacities, together with any successors and assigns in such capacities, the “Administrative Agent”).
FORM OF INDEMNIFICATION AND ADVANCEMENT AGREEMENTForm of Indemnification and Advancement Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is effective as of ________ __, 20__ by and between Alkami Technology, Inc., a Delaware corporation (the “Company”), and ______________, [a member of the Board of Directors/an officer/an employee/an agent] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering indemnification and advancement.
GRANITE PARK THREE AMENDED AND RESTATED OFFICE LEASE BASIC LEASE INFORMATIONOffice Lease • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Texas
This Amended and Restated Office Lease (this “Lease”) is made by and between Granite Park III, Ltd., a Texas corporation (“Landlord”), and Alkami Technology, Inc., a Delaware corporation (“Tenant”). The Basic Lease Information attached hereto as pages i through iii (the “Basic Lease Information”) and all exhibits and other attachments to this Lease are incorporated into this Lease and made a part hereof. Capitalized terms used in this Lease without definitions have the respective meanings assigned to them in the Basic Lease Information.
FOURTH AMENDMENT TO AMENDED AND RESTATED OFFICE LEASEOffice Lease • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Texas
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED OFFICE LEASE (this “Amendment”) is made and entered into as of December 27, 2019 (the “Effective Date”), by and between GRANITE PARK NM/GP III, LP, successor in interest to GRANITE PARK III, LTD. (“Landlord”), as landlord, and ALKAMI TECHNOLOGY, INC., a Delaware corporation (“Tenant”), as tenant.
Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. BILL PAY SERVICE RESELLER AGREEMENTService Reseller Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software
This Bill Pay Service Reseller Agreement (“Agreement”) is made between CO-OP eCom, LLC, a California limited liability company (“eCom”) and Alkami Technology, Inc., a Delaware Corporation, (“Reseller”).
SECOND AMENDMENT TO AMENDED AND RESTATED OFFICE LEASEOffice Lease • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Texas
THIS SECOND AMENDMENT TO AMENDED AND RESTATED OFFICE LEASE (this “Amendment”) is made and entered into as of the 8th day of November, 2018 (the “Effective Date”), by and between GRANITE PARK III, LTD. (“Landlord”), as landlord, and ALKAMI TECHNOLOGY, INC., a Delaware corporation (“Tenant”), as tenant.
THIRD AMENDMENT TO AMENDED AND RESTATED OFFICE LEASEOffice Lease • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Texas
THIS THIRD AMENDMENT TO AMENDED AND RESTATED OFFICE LEASE (this “Amendment”) is made and entered into as of January 7, 2019 (the “Effective Date”), by and between GRANITE PARK NM/GP III, LP, successor in interest to GRANITE PARK III, LTD. (“Landlord”), as landlord, and ALKAMI TECHNOLOGY, INC., a Delaware corporation (“Tenant”), as tenant.
Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. SECOND AMENDMENT BILL PAY...Service Reseller Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software
This Second Amendment to Bill Pay Service Reseller Agreement (“Second Amendment”) is dated as of this 11th day of February, 2016 by and between CO-OP eCom, LLC, a California limited liability company (“eCom”) and Alkami Technology, Inc., a Delaware Corporation (“Reseller”) with reference to the following facts and circumstances:
FIFTH AMENDMENT TO AMENDED AND RESTATED OFFICE LEASEOffice Lease • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Texas
THIS FIFTH AMENDMENT TO AMENDED AND RESTATED OFFICE LEASE (this “Amendment”) is made and entered into as of November 3, 2020 (the “Effective Date”), by and between GRANITE PARK NM/GP III, LP, successor in interest to GRANITE PARK III, LTD. (“Landlord”), as landlord, and ALKAMI TECHNOLOGY, INC., a Delaware corporation (“Tenant”), as tenant.
FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTAdoption Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Delaware
THIS FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of September 24, 2020, by and among Alkami Technology, Inc., a Delaware corporation (the “Company”), and the holders of the Company’s Preferred Stock listed on Schedule A hereto (each, an “Investor” and collectively, the “Investors”). Capitalized terms not defined herein shall have the meanings ascribed to such terms in the Series F Preferred Stock Purchase Agreement of even date herewith (the “Purchase Agreement”) by and among the Company and those Investors who are listed as “Purchasers” on Schedule I thereto.
Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(2). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. ASSET PURCHASE AGREEMENT...Asset Purchase Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of October 4, 2020, is made by and among (i) ACH Alert, LLC, a Delaware limited liability company (“Seller”), (ii) Deborah Peace and David Peace (together, the “Seller Principals”), (iii) Alkami Acquisition Corp., a Delaware corporation (“Buyer”), and solely with respect to Section 2.9 and Article V hereof, Alkami Technology, Inc., a Delaware corporation and parent of Buyer (“Alkami Parent”). Certain terms used herein are defined in Section 10.10 hereof.
FIRST AMENDMENT TO AMENDED AND RESTATED OFFICE LEASEOffice Lease • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software • Texas
THIS FIRST AMENDMENT TO AMENDED AND RESTATED OFFICE LEASE (this “Amendment”) is made and entered into as of the 29th day of June, 2018 (the “Effective Date”), by and between GRANITE PARK III, LTD. (“Landlord”), as landlord, and ALKAMI TECHNOLOGY, INC., a Delaware corporation (“Tenant”), as tenant.
Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. FOURTH AMENDMENT TO THE BILL...Service Reseller Referral Agreement • March 10th, 2021 • Alkami Technology, Inc. • Services-prepackaged software
This Fourth Amendment to the Bill Pay Service Reseller Referral Agreement (“Fourth Amendment”) is entered into effective as of September 14, 2019 (“Effective Date”) by and between CO-OP eCom, LLC now known as CU Cooperative Systems, Inc., doing business as CO-OP Financial Services (“CO-OP)”), located at 9692 Haven Avenue, Rancho Cucamonga, California 91730 and Alkami Technology, Inc., a Delaware corporation, located at 5601 Granite Parkway Suite 120, Plano, Texas 75093 (Reseller”). CO-OP and Reseller are referred to collectively herein as the “Parties” and each individually as a “Party.”
