EX-10.3
from 10-Q
4 pages
As of June 30, 2023, Each of Xponential Fitness, Inc., a Delaware Corporation, Xponential Intermediate Holdings, LLC, a Delaware Limited Liability Company (The “Parent”), Xponential Fitness LLC, a Delaware Limited Liability Company (The “Borrower”), Each Subsidiary (As Defined in the Financing Agreement (Defined Below)) of Parent Listed as a "Borrower" on the Signature Pages to the Financing Agreement, Each Other Subsidiary of Parent Listed as a "Guarantor" on the Signature Pages of the Financing Agreement (Together, the “Company”) Agrees Not to Provide Any Material Nonpublic Information to Desalkiv Portfolios LLC (“De Shaw”) and Any of Its Affiliates Identified to Borrower in Writing and With Respect to Which Borrower Agrees to Be Bound Hereby, Including Any Material Nonpublic Information Required to Be Provided Pursuant To: (I) Section 7.01 of the Financing Agreement, Dated as of April 19, 2021 (As Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the “Financing Agreement”), by and Among the Parent, the Borrower, Each Subsidiary (As Defined Therein) of Parent Listed as a “Borrower” on the Signature Pages Thereto, Each Other Subsidiary of Parent Listed as a “Guarantor” on the Signature Pages Thereto, the Lenders From Time to Time Party Thereto (Each a “Lender” and Collectively, the "Lenders"), Wilmington Trust, National Association, as Administrative Agent and Collateral Agent for the Lenders, (II) Section 19 of the Certificate of Designations of 6.50% Series A-1 Convertible Preferred Stock of Xponential Fitness, Inc. and (III) Section 19 of the Certificate of Designations of 6.50% Series a Convertible Preferred Stock of Xponential Fitness, Inc., Unless and Until De Shaw Otherwise Notifies the Company in Writing. Waiver Whereas, the Borrower Is Party to the Financing Agreement
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EX-10.19
from 10-K
53 pages
Asset Purchase Agreement by and Among Bft Franchise Holdings, LLC, as Buyer, Grpx Live Pty Ltd, Body Fit Training Company Pty Ltd, and Body Fit Training USA, Inc. as Sellers, and the Shareholders Party Hereto, and Cameron Falloon, as the Sellers’ Representative Dated as of October 13, 2021
12/34/56