COMMON STOCK PURCHASE WARRANT VISLINK TECHNOLOGIES, INC.Common Stock Purchase Warrant • February 4th, 2021 • Vislink Technologies, Inc. • Communications equipment, nec
Contract Type FiledFebruary 4th, 2021 Company IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [ ] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on February [ ], 20261 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Vislink Technologies, Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 4th, 2021 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledFebruary 4th, 2021 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of February 4, 2021, between Vislink Technologies, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 4th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec
Contract Type FiledDecember 4th, 2018 Company IndustryThis Registration Rights Agreement (this “Agreement”) is made and entered into as of December 3, 2018, between xG Technology, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
UNDERWRITING AGREEMENT between XG TECHNOLOGY, INC. and AEGIS CAPITAL CORP., and FELTL AND COMPANY, INC. as Representatives of the Several Underwriters XG TECHNOLOGY, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • November 6th, 2013 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledNovember 6th, 2013 Company Industry JurisdictionThe undersigned, xG Technology, Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of xG Technology, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with Aegis Capital Corp. and Feltl and Company, Inc. (hereinafter collectively referred to as “you” (including its correlatives) or the “Representatives”) and with the other underwriters named on Schedule 1 hereto for which the Representatives is acting as representatives (the Representatives and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
COMMON STOCK PURCHASE WARRANT XG TECHNOLOGY, Inc.Security Agreement • August 16th, 2017 • xG TECHNOLOGY, INC. • Communications equipment, nec
Contract Type FiledAugust 16th, 2017 Company IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ______________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after August 18, 2017 (the “Initial Exercise Date”) and on or prior to the close of business on the fifth (5th)-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from xG Technology, Inc., a Delaware corporation (the “Company”), up to _________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 4th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 4th, 2018 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of December 3, 2018, between xG Technology, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 23rd, 2017 • xG TECHNOLOGY, INC. • Communications equipment, nec • Illinois
Contract Type FiledMay 23rd, 2017 Company Industry JurisdictionREGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of May 19, 2017, by and between xG TECHNOLOGY, INC., a Delaware corporation (the "Company"), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Purchase Agreement").
COMMON STOCK PURCHASE WARRANT xG Technology, Inc.Common Stock Purchase Warrant • May 30th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec
Contract Type FiledMay 30th, 2018 Company IndustryTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after May 29, 2018 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 29, 2023 (the “Termination Date”) but not thereafter, to subscribe for and purchase from xG Technology, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledApril 18th, 2016 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of April 12, 2016, between xG Technology, Inc. (the “Company”) and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
5% SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE January 12, 2017Convertible Security Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledApril 18th, 2016 Company Industry JurisdictionTHIS 5% SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is one of a series of duly authorized and validly issued 5% Senior Secured Convertible Promissory Notes of xG Technology, Inc. (the “Company”), having its principal place of business at 240 S. Pineapple Avenue, Suite 701, Sarasota, FL, 34236, designated as its 5% Senior Secured Convertible Promissory Note due January 12, 2017 (the “Note” and, collectively with the other Notes of such series, the “Notes”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 26th, 2015 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledFebruary 26th, 2015 Company Industry JurisdictionThis SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of February 24, 2015, is by and among xG Technology, Inc., a Delaware corporation with headquarters located at 240 S. Pineapple Avenue, Suite 701, Sarasota, FL 34236 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
Amended and restated 6% SENIOR SECURED CONVERTIBLE DEBENTURE DUE MaY 29, 2019Convertible Security Agreement • October 11th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledOctober 11th, 2018 Company Industry JurisdictionTHIS AMENDED AND RESTATED 6% SENIOR SECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued Amended and Restated 6% Senior Secured Convertible Debentures of xG Technology, Inc., a Delaware corporation (the “Company”), having its principal place of business at 240 S. Pineapple Avenue, Suite 701 Sarasota, Florida 34236, designated as its 6% Senior Secured Convertible Debenture due May 29, 2019 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).
SECURITY AGREEMENTSecurity Agreement • December 4th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 4th, 2018 Company Industry JurisdictionThis SECURITY AGREEMENT, dated as of December 3, 2018 (this “Agreement”), is among xG Technology, Inc., a Delaware corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and the holders of the Company’s 10% Senior Secured Convertible Debentures due September 30, 2019, in the original aggregate principal amount of $3,684,211 (collectively, the “Debentures”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
PURCHASE AGREEMENTPurchase Agreement • May 23rd, 2017 • xG TECHNOLOGY, INC. • Communications equipment, nec • Illinois
Contract Type FiledMay 23rd, 2017 Company Industry JurisdictionPURCHASE AGREEMENT (the “Agreement”), dated as of May 19, 2017, by and between xG TECHNOLOGY, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • December 4th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 4th, 2018 Company Industry JurisdictionSUBSIDIARY GUARANTEE, dated as of December 3, 2018 (this “Guarantee”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”), in favor of the purchasers signatory (together with their permitted assigns, the “Purchasers”) to that certain Securities Purchase Agreement, dated as of the date hereof, between xG Technology, Inc., a Delaware corporation (the “Company”) and the Purchasers.
INDEMNIFICATION AGREEMENTIndemnification Agreement • April 1st, 2020 • Vislink Technologies, Inc. • Communications equipment, nec • Delaware
Contract Type FiledApril 1st, 2020 Company Industry JurisdictionThis Indemnification Agreement (the “Agreement”), dated as of _________ __, 2020, is by and between Vislink Technologies, Inc., a Delaware corporation (the “Company”) and ____________________ (the “Indemnitee”).
COMMON STOCK PURCHASE WARRANT xg tECHNOLOGY INC.Common Stock Purchase Warrant • July 5th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledJuly 5th, 2016 Company Industry JurisdictionTHIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Initial Issuance Date and on or prior to the close of business on the [five] year anniversary of the Initial Issuance Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from xG Technology Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is one of the Warrants to Purchase Common Stock (the “Registered Warrants”) issued pursuant to (i) that certain Underwriting Agreement, dated as of _____, 2016, by and among the Company and the underwriter(s) referred to th
Vislink Technologies, Inc. COMMON STOCK SALES AGREEMENTSales Agreement • May 5th, 2020 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledMay 5th, 2020 Company Industry Jurisdiction
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec
Contract Type FiledApril 18th, 2016 Company IndustryThis Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
Vislink Technologies, Inc. 3,201,200 Shares Common Stock ($0.00001 par value per share) 11,893,100 Pre-Funded Warrants to Purchase up to 11,893,100 Shares of Common Stock and 15,094,300 Warrants to Purchase up to 11,320,725 Shares of Common Stock...Underwriting Agreement • November 27th, 2019 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledNovember 27th, 2019 Company Industry JurisdictionVislink Technologies, Inc., a corporation organized under the laws of Delaware (including any predecessor entities, the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representative”) are acting as Representative, (i) an aggregate of 3,201,200 shares of common stock, par value $0.00001 per share (“Common Stock”), of the Company (said shares to be issued and sold by the Company being hereinafter called the “Firm Shares”), (ii) 11,893,100 pre-funded warrants to purchase up to an aggregate of 11,893,100 shares of Common Stock (the “Pre-Funded Warrants”) at an exercise price of $0.001 per share and (iii) 15,094,300 warrants of the Company to purchase up to an aggregate of 11,320,725 shares of Common Stock (the “Firm Common Warrants”) at an exercise price equal to $0.2915 per share. The Firm Shares, the Pre-Funded Warrants, and the Firm Common Warrants to be sold by the Company are collectively referred to as the
Vislink Technologies, Inc. 12,445,000 Shares Common Stock ($0.00001 par value per share) 14,827,200 Pre-Funded Warrants to Purchase up to 14,827,200 Shares of Common Stock and 27,272,200 Warrants to Purchase up to 20,454,150 Shares of Common Stock...Underwriting Agreement • February 19th, 2020 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledFebruary 19th, 2020 Company Industry Jurisdiction
xG Technology, Inc. Common Stock ($0.00001 par value per share) Underwriting Agreement April ___, 2014Underwriting Agreement • April 15th, 2014 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledApril 15th, 2014 Company Industry Jurisdiction
Form of Underwriter’s Warrant AgreementUnderwriter’s Warrant Agreement • December 20th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 20th, 2016 Company Industry JurisdictionTHIS PURCHASE WARRANT IS NOT EXERCISABLE PRIOR TO [________________] [DATE THAT IS ONE YEAR FROM THE EFFECTIVE DATE OF THE OFFERING]. VOID AFTER 5:00 P.M., EASTERN TIME, [___________________] [DATE THAT IS THREE YEARS FROM THE EFFECTIVE DATE OF THE OFFERING].
INDEMNITY AGREEMENTIndemnification Agreement • March 7th, 2013 • xG TECHNOLOGY, INC. • Communications equipment, nec • Delaware
Contract Type FiledMarch 7th, 2013 Company Industry JurisdictionThis INDEMNITY AGREEMENT (the “Agreement”) is dated as of [__] [____] 2013, and is made by and between xG Technology, Inc. a Delaware corporation (the “Company”), and [_____], an officer or director of the Company (the “Indemnitee”).
Form of Representatives’ Warrant AgreementWarrant Agreement • November 6th, 2013 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledNovember 6th, 2013 Company Industry JurisdictionTHIS PURCHASE WARRANT IS NOT EXERCISABLE PRIOR TO [________________] [DATE THAT IS ONE YEAR FROM THE EFFECTIVE DATE OF THE OFFERING]. VOID AFTER 5:00 P.M., EASTERN TIME, [___________________] [DATE THAT IS FIVE YEARS FROM THE EFFECTIVE DATE OF THE OFFERING].
XG TECHNOLOGY, INC. WARRANT AGENCY AGREEMENTWarrant Agency Agreement • December 9th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 9th, 2016 Company Industry JurisdictionWARRANT AGENCY AGREEMENT (this “Warrant Agreement”) made as of _______, 2016 (the “Issuance Date”), between xG Technology, Inc., a Delaware corporation, with offices at 240 S. Pineapple Ave., Suite 701, Sarasota, Florida 34236 (“Company”), and Continental Stock Transfer & Trust Co., with offices at 17 Battery Place, 8th Floor, New York, New York 10004 (“Warrant Agent”).
Second Amended and Restated 6% SENIOR SECURED CONVERTIBLE DEBENTURE DUE SEPTEMBER 30, 2019Convertible Security Agreement • December 4th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 4th, 2018 Company Industry JurisdictionTHIS SECOND AMENDED AND RESTATED 6% SENIOR SECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued Second Amended and Restated 6% Senior Secured Convertible Debentures of xG Technology, Inc., a Delaware corporation (the “Company”), having its principal place of business at 240 S. Pineapple Avenue, Suite 701 Sarasota, Florida 34236, designated as its 6% Senior Secured Convertible Debenture due September 30, 2019 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”). This Debenture amends and restates the original 6% Senior Secured Convertible Debenture due May 29, 2019, issued to the Holder on May 29, 2018, as amended and restated on October 9, 2018, by the first Amended and Restated 6% Senior Secured Convertible Debenture due May 29, 2019.
WARRANT AGREEMENTWarrant Agreement • February 3rd, 2020 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledFebruary 3rd, 2020 Company Industry JurisdictionTHIS WARRANT AGREEMENT made as of [_____], 2020 (the “Issuance Date”), between Vislink Technologies, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Warrant Agent”).
10% SENIOR SECURED CONVERTIBLE DEBENTURE DUE SEPTEMBER 30, 2019Convertible Security Agreement • December 4th, 2018 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledDecember 4th, 2018 Company Industry JurisdictionTHIS 10% SENIOR SECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 10% Senior Secured Convertible Debentures of xG Technology, Inc., a Delaware corporation (the “Company”), having its principal place of business at 240 S. Pineapple Avenue, Suite 701 Sarasota, Florida 34236, designated as its 10% Senior Secured Convertible Debenture due September 30, 2019 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).
Vislink Technologies, Inc. [●] Shares Common Stock ($0.00001 par value per share) and Pre-Funded Warrants to Purchase up to [●] Shares of Common Stock and Warrants to Purchase up to [●] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • October 30th, 2019 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledOctober 30th, 2019 Company Industry JurisdictionVislink Technologies, Inc., a corporation organized under the laws of Delaware (including any predecessor entities, the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representative”) are acting as Representative, (i) an aggregate of [●] shares of common stock, par value $0.00001 per share (“Common Stock”), of the Company (said shares to be issued and sold by the Company being hereinafter called the “Firm Shares”), (ii) pre-funded warrants to purchase up to an aggregate of [●] shares of Common Stock (the “Pre-Funded Warrants”) at an exercise price of $0.001 per share and (iii) warrants of the Company to purchase up to an aggregate of [●] shares of Common Stock (the “Firm Common Warrants”) at an exercise price equal to $[●] per share. The Firm Shares, Pre-Funded Warrants, and the Firm Common Warrants to be sold by the Company are collectively referred to as the “Firm Securities.” The Company also proposes to g
VISLINK TECHNOLOGIES, INC. Warrant To Purchase Common StockWarrant to Purchase Common Stock • February 19th, 2020 • Vislink Technologies, Inc. • Communications equipment, nec • New York
Contract Type FiledFebruary 19th, 2020 Company Industry JurisdictionVislink Technologies, Inc., a company organized under the laws of Delaware (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [HOLDER], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after February 14, 2020 (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), ______________ (_____________) fully paid non-assessable shares of Common Stock (as defined below), subject to adjustment as provided herein (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, this “Warrant”), shall have the me
SECURITY AGREEMENTSecurity Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledApril 18th, 2016 Company Industry JurisdictionThis SECURITY AGREEMENT, dated as of April 12, 2016 (this “Agreement”), is among xG Technology, Inc. (the “Company”), all of the Subsidiaries of the Company, which Subsidiaries are set forth on Schedule 1 hereto the Subsidiaries, and together with the Company, collectively the “Debtors”) and the holders of the Company’s 5% Senior Secured Convertible Promissory Notes in the original aggregate principal amount of $500,000 due on January 12, 2017 (collectively, the “Notes”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
xG Technology, Inc.Placement Agent Agreement • August 16th, 2017 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledAugust 16th, 2017 Company Industry Jurisdiction
xG Technology Engineering Services AgreementEngineering Services Agreement • April 3rd, 2013 • xG TECHNOLOGY, INC. • Communications equipment, nec • Florida
Contract Type FiledApril 3rd, 2013 Company Industry JurisdictionTHIS AGREEMENT, effective the 24th day of November, 2012, by and between xG Technology, Inc., (“XGT”) doing business at 240 South Pineapple Avenue, Suite 701, Sarasota, Florida 34236, and Tatum Telephone Company, Inc., (hereinafter “Tatum” or “Customer”) doing business at 170 West Sterling Price, Tatum, TX 75691. XGT and Customer are collectively referred to as the “Parties” or each “Party” throughout this Agreement.
xG TECHNOLOGY, INC. Warrant To Purchase Common StockWarrant Agreement • February 12th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
Contract Type FiledFebruary 12th, 2016 Company Industry JurisdictionxG Technology, Inc., a Delaware corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [Buyer], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after ____________ (the “Initial Exercisability Date”), but not after 5:30 p.m., New York time, on the Expiration Date (as defined below), (subject to adjustment as provided herein) __________ fully paid and non-assessable shares of Common Stock (as defined below) (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Secti