AMENDMENT TO COMMON STOCK PURCHASE WARRANT (AMENDED AND RESTATED)
Exhibit 4.4
AMENDMENT TO COMMON STOCK PURCHASE WARRANT
(AMENDED AND RESTATED)
THIS AMENDMENT TO COMMON STOCK PURCHASE WARRANT (AMENDED AND RESTATED) (the "Amendment") is entered into as of the 14th day of June, 2004 (the "Effective Date"), by and between VitalStream Holdings, Inc., a Nevada corporation (the "Company") and ________________. (the "Warrant Holder"). Each of the Company and the Warrant Holder are individually referred to herein as a "Party" and collectively as the "Parties." Capitalized terms not expressly defined herein shall have the meaning set forth in the Warrant (as such term is defined below).
RECITALS
WHEREAS the Company granted the Warrant Holder a warrant to purchase shares of common stock of the Company pursuant to the terms of that certain Common Stock Purchase Warrant (Amended and Restated) dated as of September 30, 2003, Certificate No. ___ (the "Warrant"); and
WHEREAS, the Parties desire to amend the Warrant as set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Amendment. Section 2A and Section 2B of the Warrant are hereby deleted in their entirety.
2. Continuing Enforceability. Other than as specifically set forth in this Amendment, the Warrant shall remain unaffected by this Amendment, and the Warrant shall continue in full force and effect, subject to the terms and conditions thereof.
3. Further Assurances. Each of the Parties shall execute any and all further documents, agreements and instruments, and take all further actions which may be required or desirable under applicable law, or which the other Party may, in its reasonable discretion, request in order to effectuate the transactions contemplated by this Amendment.
4. Facsimile Signature and Counterparts. This Amendment may be executed by facsimile signature and in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same instrument.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to Common Stock Purchase Warrant (Amended and Restated) as of the Effective Date.
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