FIRST AMENDMENT TO SECURITIES PURCHASE AND REGISTRATION RIGHTS AGREEMENT
Exhibit 10.73
This FIRST AMENDMENT TO THE SECURITIES PURCHASE AND REGISTRATION RIGHTS AGREEMENT (this
“Amendment”) is entered into and effective as of March 12, 2010, between Star Scientific,
Inc., a Delaware corporation (the “Company”), and the investor set forth on Schedule
I hereto (the “Investor”).
WITNESSETH:
WHEREAS, the parties hereto are parties to Securities Purchase and Registration Rights
Agreement, dated as of March 9, 2010 (the “Agreement”); and
WHEREAS, the parties hereto desire to amend the Agreement, as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements
herein contained and other good and valuable consideration, the receipt, adequacy and sufficiency
of which are hereby acknowledged, the parties hereto hereby agree as follows (all capitalized terms
used but not defined herein shall have the meanings specified in the Agreement):
1. Amendments to the Purchase Agreement.
Schedule I of the Agreement is hereby amended and restated with respect to the Investor as
follows:
SCHEDULE OF INVESTORS
| Per Unit Price | ||||||||||||
| and | ||||||||||||
| Name and Address | Shares | Warrants | Aggregate Purchase Price | |||||||||
Xxxx XxXxxx |
1,754,385 | 1,754,385 | $1.14 per Unit for $2,000,000 | |||||||||
2. Effectiveness of Amendment Upon the execution and delivery hereof, the Agreement shall
thereupon be deemed to be amended and/or restated as hereinabove set forth as fully and with the
same effect as if the amendments and/or restatements made hereby were originally set forth in the
Agreement, and this Amendment and the Agreement shall henceforth respectively be read, taken and
construed as one and the same instrument, but such amendments and/or restatements shall not operate
so as to render invalid or improper any action heretofore taken under the Agreement.
3. General Provisions.
3.1. Miscellaneous. This Amendment may be executed in one or more counterparts, all
of which shall be considered one and the same agreement and shall become
effective when one or more counterparts have been signed by each of the parties hereto and
delivered to the other parties hereto. This Amendment may be executed by facsimile signature.
3.2 Agreement in Effect. Except as specifically provided for in this Amendment, the
Agreement shall remain unmodified and in full force and effect.
[Signature pages follow.]
1
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of
the date first above written.
| STAR SCIENTIFIC, INC. |
||||
| By: | /s/ Xxxx X. Xxxxxx | |||
| Name: | Xxxx X. Xxxxxx | |||
| Title: | Chairman, President and Chief Operating Officer |
|||
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of
the date first above written.
| Xxxx XxXxxx |
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| By: | /s/ Xxxx XxXxxx | |||
