0001437749-25-030331 Sample Contracts
SMITH MICRO SOFTWARE, INC. SECURED PROMISSORY NOTESecured Promissory Note • October 2nd, 2025 • Smith Micro Software, Inc. • Services-prepackaged software • Pennsylvania
FOR VALUE RECEIVED, SMITH MICRO SOFTWARE, INC., a Delaware corporation (“Payor”), promises to pay to the order of ___________________, or its assigns (collectively, “Holder”), the principal sum of _______________ Dollars ($______________) (“principal”) with interest on the outstanding principal amount at the rate of fifteen percent (15.0%) per annum (“interest”) (computed by applying a daily rate equal to 1/365 of the per annum rate to the number of actual calendar days elapsed) or, if less, at the highest rate of interest then permitted under applicable law. Interest shall commence with the date hereof and shall continue on the outstanding principal balance until paid in accordance with the provisions hereof.
NOTE PURCHASE AGREEMENTNote Purchase Agreement • October 2nd, 2025 • Smith Micro Software, Inc. • Services-prepackaged software • Pennsylvania
This Note Purchase Agreement (this “Agreement”) dated as of September 29, 2025, is entered into by and between Smith Micro Software, Inc., a Delaware corporation (“Company”), and each Purchaser identified on the signature pages hereto (each a “Purchaser”).
COMMON STOCK PURCHASE WARRANT SMITH MICRO SOFTWARE, INC.Common Stock Purchase Warrant • October 2nd, 2025 • 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, including for the avoidance of doubt Section 2(f) hereof, at any time on or after the six (6) month anniversary of the Issue Date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on _____ (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 common stock of the Company, 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).