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Mobivity Holdings Corp.

05/09/2024 | Press release | Distributed by Public on 05/09/2024 10:00

Material Agreement - Form 8-K

Item 1.01. Entry into a Material Definitive Agreement.

On May 3, 2024, Mobivity Holdings Corp. (the "Company") entered into Amendment No. 2 (the "Amendment") to Amended and Restated Credit Facility Agreement and Convertible Notes, which amends our existing Amended and Restated Credit Facility Agreement, dated as of November 11, 2022, between the Company and Thomas B. Akin, a director of the Company, as amended by that certain Amendment No. 1 to Amended and Restated Credit Facility Agreement and Convertible Notes, dated as of January 31, 2023 (the "Existing Credit Agreement" and as amended by the Amendment, the "Credit Agreement") and any convertible notes issued thereunder. The Amendment further amends the Existing Credit Agreement to extend the maturity of the Credit Agreement and related convertible notes thereunder until June 30, 2026. Principal payments have been deferred to a period beginning on July 31, 2024 and ending June 30, 2026, and further provides that any accrued interest on unpaid advances under the Credit Agreement is to be paid quarterly in kind in shares of the Company's common stock, at a price per share equal to the volume-weighted average price of the Company's common stock quoted on the OTCQB ® Venture Market operated by OTC Markets Group Inc. over the ninety (90) trading days immediately preceding such date. The Amendment provides for corresponding amendments to the form of convertible note to be issued under the Credit Agreement in the future and any outstanding convertible notes issued under the Existing Credit Agreement.

The foregoing description of the Amendment does not purport to be complete and is qualified by reference to the Amendment, a copy of which is attached as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by reference.