Warrant To Purchase Common Stock Of Aura Systems, Inc.Warrant Agreement • April 9th, 2004 • Icm Asset Management Inc/Wa • Washington
This Warrant is issued pursuant to the Thirteenth Amendment Agreement dated as of April 5, 2004 (the "Thirteenth Amendment Agreement"), by and among the Company and the Lenders named therein.
STOCK PLEDGE AGREEMENTStock Pledge Agreement • December 30th, 2004 • Icm Asset Management Inc/Wa • Washington
This Stock Pledge Agreement (this "Agreement") is entered as of December 16, 2004, by and among AURA SYSTEMS, INC., a Delaware corporation (the "Pledgor"), and KOYAH MICROCAP PARTNERS MASTER FUND, L.P., a Cayman Islands limited partnership ("Pledgee").
ContractConvertible Promissory Note • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, DISTRIBUTED, ASSIGNED, OFFERED, PLEDGED OR OTHERWISE TRANSFERRED UNLESS (A) THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS COVERING ANY SUCH TRANSACTION, (B) THE TRANSFER IS MADE IN ACCORANCE WITH RULE 144 UNDER SUCH ACT, (C) THE BORROWER RECEIVES AN OPINION OF LEGAL COUNSEL FOR THE HOLDER OF THE NOTE (CONCURRED IN BY LEGAL COUNSEL FOR THE BORROWER) STATING THAT SUCH TRANSACTION IS EXEMPT FROM REGISTRATION, OR (D) THE BORROWER OTHERWISE SATISFIES ITSELF THAT SUCH TRANSACTION IS EXEMPT FROM REGISTRATION.
AURA SYSTEMS, INC. REGISTRATION RIGHTS AGREEMENT (Intercreditor #3) Dated as of December 23, 2004Registration Rights Agreement • December 30th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement") dated as of December 23, 2004, is made by and among AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and THE INVESTORS LISTED ON THE SIGNATURE PAGE HEREOF (each of whom is herein called individually, a "Investor" and all of whom are herein called, collectively, the "Investors"), with reference to the following facts:
AGREEMENTLoan Agreement • September 27th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AGREEMENT (this "Agreement") is entered into as of June 14, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH VENTURES LLC, a Delaware limited liability company (the "Lender").
SECURITY AGREEMENTSecurity Agreement • December 30th, 2004 • Icm Asset Management Inc/Wa • Washington
This Security Agreement (this "Agreement") is entered into as of December 16, 2004, by AURA SYSTEMS, INC. a Delaware corporation (the "Debtor"), for the benefit of KOYAH MICROCAP PARTNERS MASTER FUND, L.P., a Cayman Islands limited partnership (the "Secured Party").
WARRANT AMENDMENT AGREEMENTWarrant Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS WARRANT AMENDMENT AGREEMENT (this "Agreement") is entered into as of January 8, 2004, by and among AURA SYSTEMS, INC., a Delaware corporation (the "Company"), KOYAH LEVERAGE PARTNERS, L.P., a Delaware limited partnership ("Koyah Leverage"), KOYAH PARTNERS, L.P., a Delaware limited partnership ("Koyah"), JAMES M. SIMMONS ("Simmons"), WENDELL REUGH ("Reugh"), FOREST MAGERS ("Magers") and RAVEN PARTNERS, L.P., a Delaware limited partnership ("Raven").
ContractConvertible Promissory Note • September 27th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, DISTRIBUTED, ASSIGNED, OFFERED, PLEDGED OR OTHERWISE TRANSFERRED UNLESS (A) THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS COVERING ANY SUCH TRANSACTION, (B) THE TRANSFER IS MADE IN ACCORANCE WITH RULE 144 UNDER SUCH ACT, (C) THE BORROWER RECEIVES AN OPINION OF LEGAL COUNSEL FOR THE HOLDER OF THE NOTE (CONCURRED IN BY LEGAL COUNSEL FOR THE BORROWER) STATING THAT SUCH TRANSACTION IS EXEMPT FROM REGISTRATION, OR (D) THE BORROWER OTHERWISE SATISFIES ITSELF THAT SUCH TRANSACTION IS EXEMPT FROM REGISTRATION.
THIRTEENTH AMENDMENT AGREEMENTThirteenth Amendment Agreement • April 9th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS THIRTEENTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of April 5, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. ("Koyah Leverage") and KOYAH PARTNERS, L.P. ("Koyah"), each a Delaware limited partnership (collectively, the "Lenders").
SVI SOLUTIONS, INC. INVESTORS' RIGHTS AGREEMENT Dated as of July 19, 2002 INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • June 27th, 2003 • Icm Asset Management Inc/Wa • Washington
THIS INVESTORS' RIGHTS AGREEMENT (this "Agreement") dated as of July 19, 2002, is made by and among SVI SOLUTIONS, INC., a Delaware corporation (the "Company"), and THE INVESTORS LISTED ON THE SIGNATURE PAGE HEREOF (individually, an "Investor" and collectively, the "Investors"), with reference to the following facts:
SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT ("Agreement") is dated as of August 19, 2004, by and between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and the purchasers identified on the signature page of this...Securities Purchase Agreement • September 27th, 2004 • Icm Asset Management Inc/Wa • California
NOW, THEREFORE, in consideration of their respective promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and Purchasers hereby agree as follows:
AGREEMENTLoan Agreement • December 30th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AGREEMENT (this "Agreement") is entered into as of December 16, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH MICROCAP PARTNERS MASTER FUND, L.P., a Cayman Islands limited partnership (the "Lender").
ContractConvertible Promissory Note • December 30th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD, DISTRIBUTED, ASSIGNED, OFFERED, PLEDGED OR OTHERWISE TRANSFERRED UNLESS (A) THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS COVERING ANY SUCH TRANSACTION, (B) THE TRANSFER IS MADE IN ACCORANCE WITH RULE 144 UNDER SUCH ACT, (C) THE BORROWER RECEIVES AN OPINION OF LEGAL COUNSEL FOR THE HOLDER OF THE NOTE (CONCURRED IN BY LEGAL COUNSEL FOR THE BORROWER) STATING THAT SUCH TRANSACTION IS EXEMPT FROM REGISTRATION, OR (D) THE BORROWER OTHERWISE SATISFIES ITSELF THAT SUCH TRANSACTION IS EXEMPT FROM REGISTRATION.
TWELFTH AMENDMENT AGREEMENTTwelfth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS TWELFTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of March 18, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively, the "Lenders").
JOINDER AGREEMENTJoinder Agreement • December 30th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS JOINDER AGREEMENT (this "Agreement") is made and entered into as of the 16th day of December, 2004, by and among KOYAH LEVERAGE PARTNERS, L.P., a Delaware limited partnership ("KLP"), KOYAH PARTNERS, L.P., a Delaware limited partnership ("KP") (KLP and KP are sometimes collectively referred to as "Koyah"), and KOYAH MICROCAP PARTNERS MASTER FUND, L.P., a Cayman Islands limited partnership ("Microcap").
SECURITY AGREEMENT AMENDMENTSecurity Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS SECURITY AGREEMENT AMENDMENT (this "Agreement") is entered into as of January 15, 2004 between AURA SYSTEMS, INC., a Delaware corporation ( the "Debtor"), KOYAH LEVERAGE PARTNERS, L.P., a Delaware limited partnership ("Koyah Leverage"), and KOYAH PARTNERS, L.P., a Delaware limited partnership ("Koyah" and together with Koyah Leverage, the "Lenders"). Koyah Leverage is entering into this Agreement in its capacity as a Lender and in its capacity as collateral agent for the Lenders (the "Secured Party").
NINTH AMENDMENT AGREEMENTNinth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS NINTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of January 8, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively the "Lenders").
SECOND AMENDMENT AGREEMENTSecond Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS SECOND AMENDMENT AGREEMENT (this "Agreement") is entered into as of September 18, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P. each a Delaware limited partnership (collectively the "Lenders").
FOURTEENTH AMENDMENT AGREEMENTFourteenth Amendment Agreement • September 27th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS FOURTEENTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of April 30, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. ("Koyah Leverage") and KOYAH PARTNERS, L.P. ("Koyah"), each a Delaware limited partnership (collectively, the "Lenders").
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AMENDMENT AND WAIVER AGREEMENT (this "Agreement") is entered into as of August 6, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P. each a Delaware limited partnership (collectively the "Lenders").
AGREEMENTLoan Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AGREEMENT (this "Agreement") is entered into as of July 24, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P. each a Delaware limited partnership (collectively the "Lenders").
SVI HOLDINGS, INC. COMMON STOCK PURCHASE AGREEMENT Dated as of December 22, 2000 SVI HOLDINGS, INC. COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • November 5th, 2001 • Icm Asset Management Inc/Wa • Washington
THIS COMMON STOCK PURCHASE AGREEMENT (this "Agreement") is entered into as of December 22, 2000, by and among SVI Holdings, Inc., a Nevada corporation (the "Company"), and the parties listed on the Schedule of Investors attached hereto (each, an "Investor"), with reference to the following facts:
EXHIBIT A TO COMMON STOCK PURCHASE AGREEMENT Form of Initial WarrantCommon Stock Purchase Agreement • November 5th, 2001 • Icm Asset Management Inc/Wa • Washington
This Warrant is issued pursuant to that certain Common Stock Purchase Agreement dated as of December 22, 2000 (the "Purchase Agreement"), by and among the Company, the Holder and certain of the other investors listed on the Schedule of Investors attached to the Purchase Agreement (the "Investors").
TENTH AMENDMENT AGREEMENTTenth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS TENTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of March 10, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively, the "Lenders").
AMENDMENT AGREEMENTAmendment Agreement • September 27th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AMENDMENT AGREEMENT (this "Agreement") is entered into as of July 9, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH VENTURES LLC, a Delaware limited partnership (the "Lender").
AMENDMENT AGREEMENTAmendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS AMENDMENT AGREEMENT (this "Agreement") is entered into as of August 21, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P. each a Delaware limited partnership (collectively the "Lenders").
EIGHTH AMENDMENT AGREEMENTEighth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS EIGHTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of December 19, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively the "Lenders").
ADDITIONAL ADVANCE AGREEMENTAdditional Advance Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS ADDITIONAL ADVANCE AGREEMENT (this "Agreement") is entered into as of August 18, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively the "Lenders").
EXHIBIT A TO INVESTORS' RIGHTS AGREEMENT Form of Registration WarrantInvestors' Rights Agreement • November 5th, 2001 • Icm Asset Management Inc/Wa • Washington
This Warrant is issued pursuant to that certain Investors' Rights Agreement dated as of December 22, 2000 (the "Investors' Rights Agreement"), by and among the Company, the Holder and certain of the other investors listed on the Schedule of Investors ("Investors") attached to the Common Stock Purchase Agreement by and among the Company, the Holder and certain other Investors dated December 22, 2000 (the "Purchase Agreement").
FOURTH FIFTH AMENDMENT AGREEMENTFourth Fifth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS FOURTH FIFTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of October 1627, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively the "Lenders").
STOCK PLEDGE AGREEMENTStock Pledge Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
This Stock Pledge Agreement (this "Agreement") is entered as of August 18, 2003, by and among AURA SYSTEMS, INC., a Delaware corporation (the "Pledgor"), KOYAH LEVERAGE PARTNERS, L.P., a Delaware limited partnership ("Koyah Leverage"), and KOYAH PARTNERS, L.P., a Delaware limited partnership ("Koyah" and together with Koyah Leverage, collectively the "Lenders"). Koyah Leverage in its capacity as collateral agent for the ratable benefit of the Lenders is hereinafter referred to as the "Pledgee".
SIXTH AMENDMENT AGREEMENTSixth Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS SIXTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of November 11, 2003 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively the "Lenders").
SECURITY AGREEMENTSecurity Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
This Security Agreement (this "Agreement") is entered into as of July 24, 2003, by AURA SYSTEMS, INC. a Delaware corporation (the "Debtor"), for the benefit of KOYAH LEVERAGE PARTNERS, L.P., a Delaware limited partnership in its capacity as collateral agent for the Lenders referred to below (the "Secured Party").
AMENDMENT AGREEMENTAmendment Agreement • June 27th, 2003 • Icm Asset Management Inc/Wa • Washington
THIS AMENDMENT AGREEMENT (this "Agreement") is entered into as of July 15, 2002, by and among SVI SOLUTIONS, INC., a Delaware corporation which was formerly SVI HOLDINGS, INC., a Nevada corporation (the "Company"), KOYAH LEVERAGE PARTNERS, L.P., a Delaware limited partnership ("Koyah Leverage"), KOYAH PARTNERS, L.P., a Delaware limited partnership ("Koyah"), RAVEN PARTNERS, L.P., a Delaware limited partnership formerly known as Koyah Community Partners, L.P. ("Raven"), NIGEL DAVEY ("Davey") and BRIAN CATHCART ("Cathcart").
ELEVENTH AMENDMENT AGREEMENTEleventh Amendment Agreement • March 18th, 2004 • Icm Asset Management Inc/Wa • Washington
THIS ELEVENTH AMENDMENT AGREEMENT (this "Agreement") is entered into as of March 11, 2004 between AURA SYSTEMS, INC., a Delaware corporation (the "Company"), and KOYAH LEVERAGE PARTNERS, L.P. and KOYAH PARTNERS, L.P., each a Delaware limited partnership (collectively, the "Lenders").
