EX-10.2
from 8-K
4 pages
This Waiver (This “Waiver”) Is Made Effective as of September 12, 2023, by Lazydays Holdings, Inc., a Delaware Corporation (The “Company”), and the Holders (The “Holders”) of the Series a Convertible Preferred Stock of the Company (The “Series a Preferred Stock”) Listed on the Signature Page Hereto. Capitalized Terms Used but Not Otherwise Defined Herein Shall Have the Meanings Given to Them in the Certificate of Designation of Series a Convertible Preferred Stock of the Company, Dated March 15, 2018 (The “Certificate of Designation”). Whereas, the Company Is Contemplating an Offering of Rights to Purchase Shares of the Company’s Common Stock to Holders of the Company’s Common Stock, Series a Preferred Stock and Pre-Funded Warrants, to Be Consummated No Later Than January 31, 2024 (The “Rights Offering”). Whereas, Pursuant to Section 8 of the Certificate of Designation, the Holders Have Certain Anti-Dilution Protections, as Described Therein (The “Anti-Dilution Rights”). Whereas, the Rights Offering May Trigger the Anti-Dilution Right Pursuant to Section 8 of the Certificate of Designation
12/34/56