Kfx Inc. Fourth Amended and Restated Put AgreementPut Agreement • September 3rd, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
This FOURTH AMENDED AND RESTATED PUT AGREEMENT (this "Agreement"), is made as of August 21, 2002, by and among KFx Inc., a Delaware corporation (the "Company"), and the parties listed on the Schedule of Grantees attached hereto as Exhibit A (each, a "Grantee" and collectively, the "Grantees"), with reference to the following facts:
Kfx Inc. Fourth Amended and Restated Investors' Rights AgreementInvestors' Rights Agreement • September 3rd, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
THIS FOURTH AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT (this "Agreement") is made as of August 21, 2002, by and among KFx Inc., a Delaware corporation (the "Company"), and the Investors listed on Schedule A hereto (each of whom is herein called individually, an "Investor" and all of whom are herein called, collectively, the "Investors"), with reference to the following facts:
Warrant To Purchase Common Stock Of KFx, Inc.Warrant Agreement • July 11th, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
This certifies that ____________________ (the "Holder") is entitled, subject to the terms and conditions of this Warrant, to purchase from KFx, Inc. a Delaware corporation (the "Company"), all or any part of an aggregate of _________ shares of the Company's authorized and unissued Common Stock, par value $0.001 per share (the "Warrant Stock"), at the Warrant Price (as defined herein), upon surrender of this Warrant at the principal offices of the Company, together with a duly executed subscription form in the form attached hereto as Exhibit A and simultaneous payment of the Warrant Price for each share of Warrant Stock so purchased in lawful money of the United States, unless exercised in accordance with the provisions of section 2.6 of this Warrant. The Holder may exercise the Warrant at any time after the date of this Warrant and prior to the eighth anniversary of the date of issuance of this Warrant (the "Expiration Date").
Kfx, Inc. Addendum to the Common Stock and Warrant Purchase AgreementCommon Stock and Warrant Purchase Agreement • July 11th, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
This Addendum to the Common Stock and Warrant Purchase Agreement (this "Addendum"), is entered into as of April 30, 2002, by and among KFx, Inc., a Delaware corporation (the "Company"), the parties listed on Schedule A attached hereto (each, an "Additional Investor" and collectively, the "Additional Investors"), and the parties listed on Schedule B attached hereto (the "Existing Investors"), with reference to the following facts:
KFx Inc. Waiver of Penalty WarrantsWaiver of Penalty Warrants • November 18th, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
This Waiver of Penalty Warrants (this "Waiver"), is entered into as of September 26, 2002, by and among KFx Inc., a Delaware corporation (the "Company"), and the parties listed on Schedule A attached hereto (the "Investors"), with reference to the following facts:
KFx Inc. Fourth Addendum to the Common Stock and Warrant Purchase AgreementCommon Stock and Warrant Purchase Agreement • September 3rd, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
This Fourth Addendum to the Common Stock and Warrant Purchase Agreement (this "Addendum"), is entered into as of August 21, 2002, by and among KFx Inc., a Delaware corporation (the "Company"), the parties listed on Schedule A attached hereto (the "Additional Investors"), and the parties listed on Schedule B attached hereto (the "Existing Investors"), with reference to the following facts:
KFx , Inc. Common Stock and Warrant Purchase Agreement Dated as of March 28, 2002 KFx, Inc. Common Stock and Warrant Purchase AgreementCommon Stock and Warrant Purchase Agreement • July 11th, 2002 • Westcliff Capital Management LLC/Ca • Industrial organic chemicals • New York
THIS COMMON STOCK AND WARRANT PURCHASE AGREEMENT (this "Agreement") is entered into as of March 28, 2002, by and among KFx, Inc., a Delaware Corporation (the "Company"), and the parties listed on the Schedule of Investors attached hereto as Exhibit E (each, an "Investor" and collectively, the "Investors"), with reference to the following facts:
