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Amended and Restated Agreement
Amended and Restated Agreement contract clause examples

Aegis holds a Secured Promissory Notes issued by (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Aegis Senior Note”), which was issued pursuant to that certain Note Purchase Agreement dated as of October 6, 2022, by and among , Craft Canning and Aegis (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Note Purchase Agreement”). Aegis also holds a Note Guaranty issued by Craft Canning dated as of October 6, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Note Guaranty”)

(I) On October 6, 2022, and Craft Canning entered into that certain Note Purchase Agreement dated as of October 6, 2022 (as amended, restated, amended and restated, extended, renewed, refinanced, replaced, supplemented or otherwise modified from time to time, the “Aegis Note Purchase Agreement”) with Aegis pursuant to which, among other things, # Aegis purchased from a Secured Promissory Note in the original principal amount of $4,500,000 (as amended, restated, amended and restated, extended, renewed, refinanced, replaced, supplemented or otherwise modified from time to time, the “Aegis Note”), # and Craft Canning each granted to Aegis a continuing security interest in all property of and Craft Canning, and # Craft Canning entered into that certain Note Guaranty dated as of October 6, 2022 (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time, the “Aegis Note Guaranty”) guaranteeing the obligations of under the Aegis Note, all in accordance with the terms of the Aegis Note Purchase Agreement; # simultaneously with the execution of this Agreement, $1,898,202 of principal on the Aegis Note and $3,255,000 of principal on the -District Notes (as defined below) were cancelled in exchange for the issuance by to , in which the -District Creditors collectively hold a 50% interest and Aegis holds a 28.33% interest (the “-Aegis SPV”) of 296,722 shares of common stock, par value $0.0001 per share, and 200,000 shares of Series C Preferred Stock of , par value $0.0001 per share (the “Debt-for-Equity Exchange”) pursuant to that certain Debt Satisfaction Agreement, dated as of the date hereof, by and among , the -Aegis SPV, the -District Creditors, Aegis, , and an Affiliate of Aegis (“LDI”) and [[Organization B:Organization]], [[Organization B:Organization]] and an Affiliate of Aegis (“[[Organization B:Organization]]”); and # simultaneously with the execution of this Agreement, # the Aegis Note Purchase Agreement was amended pursuant to that certain First Amendment Agreement dated as of September 29, 2023 by and among , Craft Canning and Aegis (the “Aegis Note Purchase Agreement First Amendment”), # the Aegis Note was amended and restated by that certain Amended and Restated Secured Promissory Note, dated as of September 29, 2023, by and among and Aegis (as amended, restated, amended and restated, extended, renewed, refinanced, replaced, supplemented, increased or otherwise modified from time to time, the “A&R Aegis Note”), which A&R Aegis Note replaced and superseded the existing Aegis Note in its entirety subject to the terms and conditions of the A&R Aegis Note, such that as of the Effective Date, the aggregate principal amount outstanding under the A&R Aegis Note is $2,638,291, and # the Aegis Note Guaranty was amended and restated and superseded in its entirety by that certain Amended and Restated Note Guaranty, dated as of September 29, 2023 (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time, the “A&R Aegis Note Guaranty”).

(I) On October 6, 2022, and Craft Canning entered into that certain Note Purchase Agreement dated as of October 6, 2022 (as amended, restated, amended and restated, extended, renewed, refinanced, replaced, supplemented or otherwise modified from time to time, the “Aegis Note Purchase Agreement”) with Aegis pursuant to which, among other things, # Aegis purchased from a Secured Promissory Note in the original principal amount of $4,500,000 (as amended, restated, amended and restated, extended, renewed, refinanced, replaced, supplemented or otherwise modified from time to time, the “Aegis Note”), # and Craft Canning each granted to Aegis a continuing security interest in all property of and Craft Canning, and # Craft Canning entered into that certain Note Guaranty dated as of October 6, 2022 (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time, the “Aegis Note Guaranty”) guaranteeing the obligations of under the Aegis Note, all in accordance with the terms of the Aegis Note Purchase Agreement; # as of September 29, 2023, $1,898,202 of principal on the Aegis Note and $3,255,000 of principal on the -District Notes (as defined below) were cancelled in exchange for the issuance by to The B.A.D. Company, LLC, a Delaware limited liability company in which the -District Creditors collectively hold a 50% interest and Aegis holds a 28.33% interest (the “-Aegis SPV”) of 296,722 shares of common stock, par value $0.0001 per share, and 200,000 shares of Series C Preferred Stock of , par value $0.0001 per share (the “Debt-for-Equity Exchange”) pursuant to that certain Debt Satisfaction Agreement, dated as of the date hereof, by and among , the -Aegis SPV, the -District Creditors, Aegis, LDI and TQLA, LLC, a California limited liability company and an Affiliate of Aegis (“TQLA”); and # simultaneously with the execution of the Existing Intercreditor Agreement, # the Aegis Note Purchase Agreement was amended pursuant to that certain First Amendment Agreement dated as of September 29, 2023 by and among , Craft Canning and Aegis (the “Aegis Note Purchase Agreement First Amendment”), # the Aegis Note was amended and restated by that certain Amended and Restated Secured Promissory Note, dated as of September 29, 2023, by and among and Aegis (as amended, restated, amended and restated, extended, renewed, refinanced, replaced, supplemented, increased or otherwise modified from time to time, the “A&R Aegis Note”), which A&R Aegis Note replaced and superseded the existing Aegis Note in its entirety subject to the terms and conditions of the A&R Aegis Note, such that as of the Effective Date, the aggregate principal amount outstanding under the A&R Aegis Note is $2,638,291, and # the Aegis Note Guaranty was amended and restated and superseded in its entirety by that certain Amended and Restated Note Guaranty, dated as of September 29, 2023 (as amended, restated, amended and restated, replaced, supplemented or otherwise modified from time to time, the “A&R Aegis Note Guaranty”).

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