EXHIBIT 4.9
AMENDMENT NO. 1 TO THE
COMMON STOCK PURCHASE WARRANT
This Amendment No. 1 to the Common Stock Purchase Warrant shall serve
to amend the Common Stock Purchase Warrant (the "Warrant") dated December 28,
2001, whereby Bristol Capital, LLC (the "Holder") was granted the right to
purchase 90,000 shares of common stock, of Amnis Systems, Inc. (the "Company").
For consideration received, the undersigned parties have agreed to
amend the Warrant whereby the Company and the Holder agree that the Exercise
Price, as defined in the Warrant, will be amended as follows:
1. The Company, hereby certifies that, the Holder, or assigns, is
entitled, subject to the terms set forth in the Warrant, to purchase from the
Company during the Exercise Period, as set forth in the Warrant, up to 90,000
fully paid and nonassessable shares of common stock, $.0001 par value per
share, of the Company, at a per share purchase price of $.05 per share.
2. Except as modified herein, the Warrant shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to
the Common Stock Purchase Warrant as of the 3rd day of June, 2003.
COMPANY:
AMNIS SYSTEMS, INC.
By:__________________________
Name: Xxxxx XxxXxxxxxxx
Title: Chief Executive Officer
HOLDER:
BRISTOL CAPITAL, LLC
By:__________________________
Name: Xxxx Xxxxxxx
Title: Member
