Browse EX-10 agreements

** **

THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE SOLD, DISTRIBUTED, ASSIGNED, OFFERED, PLEDGED, OR OTHERWISE TRANSFERRED UNLESS (A) THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT COVERING SUCH TRANSACTION, OR (B) SUCH TRANSACTION IS EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT.

Issue Date: October 10, 2022

** **

AGILITY ROBOTICS INC.

WARRANT TO PURCHASE SHARES

…

FORM OF INDEMNIFICATION And Advancement AGREEMENT

This Indemnification and Advancement Agreement (“Agreement”) is made as of ________ __, 20__ by and between Agility Robotics, Inc., a Delaware corporation (the “Company”), and ______________, a member of the Board of Directors / an officer of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering indemnification and advancement of expenses.

RECITALS

WHEREAS, the Board of Directors of the Company (the “Board”) believes that highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers, or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification and advancement of expenses against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of the corporation;

…

Engagement Letter

Newbury Street II Acquisition Corp.

960185 Gateway Blvd. Suite 201

Fernandina Beach, FL 02110

Attention:	Thomas Vincent Bushey
	CEO and Director

Re: Advisory Services

This letter agreement (this “Agreement”), made and entered into as of September 29, 2026 (“Effective Date”), will confirm the arrangements under which Donerail Group & Co LLC (“Donerail”) has been engaged by Newbury Street II Acquisition Corp., a Cayman Islands exempted company (together with its successors, including after the Domestication (as defined below), the “Company”), as of the Effective Date, to act as the Company’s consultant in connection with the Transaction (as defined below) involving the Company and FORT Robotics, Inc., a Delaware corporation (“Target”). The Company, the Target, and Hugo Merger Sub Inc., a Delaware corporation and a direct, wholly owned subsidiary of the Company (“Merger Sub”), entered into an agreement and plan of merger, dated as of August 1

…

FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT MANAGEMENT AGREEMENT

THIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT MANAGEMENT AGREEMENT (“Amendment”) is dated for reference purposes as of September 25, 2026, by and among HERITAGE FIELDS EL TORO, LLC, a Delaware limited liability company (“Owner”), FIVE POINT COMMUNITIES MANAGEMENT, INC., a Delaware corporation (“Manager”), for the purpose of Section 4.8of the DMA only, FIVE POINT OPERATING COMPANY, LP, a Delaware limited partnership (the “Operating Company”) and, for the purpose of Sections 4.7and 4.8of the DMA only, FIVE POINT COMMUNITIES, LP, a Delaware limited partnership (the “Manager Partnership”). Manager and Owner are sometimes referred to each as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the “DMA” (defined below), other than those provisions that are specified to become effective as of a different date.

W I T N E S S E T H:

WHEREAS, Owner is the owner of the Property;

…

Execution Version

REGISTRATION RIGHTS AGREEMENT

This Registration Rights Agreement (this “Agreement”) is made and entered into as of September 29, 2026, by and among KLX Energy Services Holdings, Inc., a Delaware corporation (“Parent”), the stockholders listed on the signature pages hereto (each such party,a “Stockholder”) and any Permitted Assignee (as defined herein) who becomes a party to this Agreement by entering into a joinder agreement in the form attached hereto as Exhibit A. Parent, the Stockholders and any Permitted Assignee are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

…

** **

NOTE: Certain identified information has been excluded from this exhibit and replaced with [***] because it is both (i) not material and (ii) the type of information the Company treats as private or confidential.

** **

STRATEGIC BUSINESS OUTREACH AND CONSULTING AGREEMENT

** **

THIS STRATEGIC BUSINESS OUTREACH AND CONSULTING AGREEMENT (the “Agreement”) is between MASSIMO GROUP, a Nevada corporation, whose address is 3101 W Miller Road, Garland, TX 75041 (the “Company”), and ACORN MANAGEMENT PARTNERS, L.L.C., a Georgia Limited Liability Company located at 4080 McGinnis Ferry Rd #1101, Alpharetta, GA 30005 (the “Consultant”).

RECITALS:

WHEREAS, the Consultant is in the business of assisting public companies in strategic business outreach and professional relations services designed to help the investing public become knowledgeable about the benefits of ownership in particular companies through the calling and discussing those companies with financial professionals.

…

**Execution Version **

THIS FIFTH AMENDED AND RESTATED EXPENSE LIMITATION AND REIMBURSEMENT AGREEMENT (this “Agreement”) is made effective as of the 30th day of September, 2026 between John Hancock Comvest Private Income Fund, a Delaware statutory trust (the “Fund”), and Comvest Credit Managers, LLC, a Delaware limited liability company (the “Management Company”).

WHEREAS, the Fund is a diversified, closed-end management investment company that has elected to be treated as a business development company (“BDC”) under the Investment Company Act of 1940, as amended;

WHEREAS, the Management Company is the Fund’s investment adviser pursuant to that certain amended and restated investment advisory agreement between the Fund and the Management Company dated February 19, 2026 (the “Investment Management Agreement”);

WHEREAS, the Fund and the Management Company are parties to that certain Fourth Amended and Restated Expense Limitation and Reimbursement Agreement dated as of May 1, 2026, as amended (the “Fourth Amended and Restated Agreement”); and

…

AMENDMENT NO. 2 TO SENIOR SECURED LOAN AND SECURITY AGREEMENT

THIS AMENDMENT NO. 2 TO SENIOR SECURED LOAN AND SECURITY AGREEMENT dated as of September 30, 2026 (this “Amendment”) is made by and among Reed’s, Inc., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and Cantor Fitzgerald Securities, as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”).

RECITALS

A. The Borrower, the Lenders and the Administrative Agent are parties to the Credit Agreement dated as of November 14, 2024 (as amended by that certain Amendment No. 1 to Senior Secured Loan and Security Agreement dated as of September 26, 2025, and as further amended, restated, amended and restated, supplemented or modified from time to time prior to the date hereof, the “Existing Credit Agreement”, and as amended by this Amendment, the “Credit Agreement”). Capitalized terms used but not defined herein shall have the meanings given them in the Credit Agreement.

…

** **

CUENTAS, INC.

and

OLDE MONMOUTH STOCK TRANSFER CO., INC., as

Warrant Agent

Amended and Restated Warrant Agency Agreement

Dated as of September 30, 2026

(Amending and Restating Warrant Agency Agreement dated February 1, 2021)

WARRANT AGENCY AGREEMENT

AMENDED AND RESTATED WARRANT AGENCY AGREEMENT, dated as of September 30, 2026 (this “Agreement”), between Cuentas, Inc., a corporation organized under the laws of the State of Florida (the “Company”), and Olde Monmouth Stock Transfer Co., Inc., a corporation organized under the laws of New Jersey (the “Warrant Agent”).

W I T N E S S E T H

…

Execution Version

**FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY **

**AGREEMENT **

This First Amendment to Second Amended and Restated Loan and Security Agreement (this “Amendment”), dated as of September 24, 2026, is entered into by and among GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II SPV II LLC (the “Company”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, EVERBANK, N.A. and MUFG BANK, LTD., (each, a “Lender” and collectively, the “Lenders”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent (the “Administrative Agent”), GOLDMAN SACHS PRIVATE MIDDLE MARKET CREDIT II LLC, as portfolio manager (the “Portfolio Manager”), U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as collateral agent (in such capacity, the “Collateral Agent”) and collateral administrator (in such capacity, the “Collateral Administrator”) and U.S. BANK NATIONAL ASSOCIATION as securities intermediary (in such capacity, the “Securities Intermediary”). Reference is hereby made to the Second Amended and Restated Loan and Security Agreement (as amended or modified

…

MUTUAL TRANSITION AGREEMENT

This Mutual Transition Agreement (this “Agreement”) is entered into as of 17th day of September, 2026 (the “Effective Date”), by and between VIVAKOR, INC., a Nevada corporation (“Vivakor”), VIVAKOR ADMINISTRATION, LLC, a Texas limited liability company (“VIVK Admin”), with Vivakor and VIVK Admin collectively referred to herein as the “Company”), and LESLIE D. PATTERSON, an individual (“Executive”). The Company and Executive may herein be referred to individually as a “Party” or collectively as the “Parties”.

RECITALS

WHEREAS, the Company and Executive are parties to that certain Executive Employment Agreement dated July 1, 2023 (the “Original Agreement”), as amended by that certain First Amendment to Employment Agreement dated February 10, 2025 (the “First Amendment”), as amended by that certain Second Amendment to Employment Agreement dated August 12, 2025 (the “Second Amendment”, with the Original Agreement, First Amendment, and Second Amendment collectively referred to herein as the “Employment Agreement”);

…

**SECURITIES PURCHASE AGREEMENT **

This Securities Purchase Agreement (this “Agreement”) is dated as of [•], 2026, between Beasley Broadcast Group, Inc., a Delaware corporation (the “Company”), and the purchasers identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and, collectively, the “Purchasers”).

WHEREAS, subject to the terms and conditions set forth in this Agreement and pursuant to (i) an effective registration statement under the Securities Act (as defined below), as to the Shares (as defined below), the Pre-Funded Warrants (as defined below) and the Pre-Funded Warrant Shares (as defined below), and (ii) an exemption from the registration requirements of Section 5 of the Securities Act contained in Section 4(a)(2) thereof as to the Common Warrants (as defined below) and the Common Warrant Shares (as defined below), the Company desires to issue and sell to each Purchaser, and each Purchaser, severally and not jointly, desires to purchase from the Company, securities of the Company as more fully described in this Ag

…