Amendment to Certain Bridge Notes Extending Maturity Date to June 30, 2024
Exhibit 4.37
AMENDMENT TO NOTE
This Amendment to Unsecured Convertible Note (this “Amendment”), is made as of May 16, 2024 (the “Effective Date”), by and among Flewber Global Inc., a Delaware corporation (the “Company”) and ______________ (the “Holder”).
RECITALS
A. WHEREAS, the Company previously issued that certain Unsecured Subordinated Convertible Note to the Holder, dated ______________ (the “Note”).
B. WHEREAS, the Company and the Holder desire to amend the Note as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements, covenants and considerations contained herein, the receipt of which are hereby acknowledged, the parties agree as follows:
1. Capitalized Terms. Capitalized terms used but not defined herein have the meanings ascribed to them in the Note.
2. Maturity Date. The Maturity Date shall be extended from ____________ through and until June 30, 2024.
3. No Other Modifications. Except as expressly set forth in this Amendment, the Note remains unmodified and each term and condition thereof shall continue in full force and effect.
4. Miscellaneous.
(a) Choice of Law. This Amendment, and all matters arising out of or relating to this Amendment, whether sounding in contract, tort, or statute will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
(b) Binding Agreement. The terms and conditions of this Amendment shall inure to the benefit of, and be binding upon, the respective successors and permitted assigns of the Holder and the Company.
(c) Titles and Subtitles. The titles and subtitles in this Amendment are used for convenience only and are not to be considered in construing or interpreting this Amendment.
(d) Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of this Amendment by electronic transmission shall be equally effective as delivery of an executed hard copy of the same.
[Signature page follows]
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the Effective Date set forth above.
COMPANY: | ||
FLEWBER GLOBAL INC., a Delaware Corporation | ||
By: | /s/ Marc Sellouk | |
Name: | Marc Sellouk | |
Title: | President and Chief Executive Officer |
HOLDER: | |||
By: | |||
Name: |
[Signature Page – Amendment to Note]
Schedule of Note Holder
Name | Date of Issuance | Previous Maturity Date | ||
Avner Nebel | December 22, 2022 | May 10, 2024 | ||
Alan Radlo | March 22, 2023 | May 10, 2024 | ||
Avi Sharon | March 16, 2023 | May 10, 2024 | ||
Comverj PTY LTD | January 6, 2023 | May 10, 2024 | ||
David Dennis | December 8, 2022 | May 10, 2024 | ||
David Kashi | April 21, 2023 | April 21, 2024 | ||
Flewber A Series of 28 Ventures LLC | April 24, 2023 | April 24, 2024 | ||
Jeffrey Kashi | April 21, 2023 | April 21, 2024 | ||
William Richardson | March 3, 2023 | May 10, 2024 |