Amendment No. 1 to Bridge Unit Purchase and Investor Subscription Agreement
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EXHIBIT 10.13
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | 2030 Investors, L.L.C. |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXXX X. XXXXXX |
| Print Name: | Xxxxxxx X. Xxxxxx |
| Title: | Chairman |
1
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxxx X. Xxxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXXX X. XXXXXXXX |
| Print Name: | Xxxxxxx X. Xxxxxxxx |
| Title: | n/a |
2
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx X. & Xxxxx X. Xxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX X. & XXXXX X. XXXXXXX |
| Print Name: | Xxxxxx X. & Xxxxx X. Xxxxxxx |
| Title: | n/a |
3
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxx Xxxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XX. XXXXX XXXXXXXX |
| Print Name: | Xx. Xxxxx Xxxxxxxx |
| Title: | n/a |
4
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx Xxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX XXXXX |
| Print Name: | Xxxxxx Xxxxx |
| Title: | n/a |
5
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxx Xxxxxx Revocable Trust |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXX XXXXXX |
| Print Name: | Xxxxx Xxxxxx |
| Title: | Trustee |
6
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Generation Capital Associates |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXX X. XXXXXXXX |
| Print Name: | Xxxxx X. Xxxxxxxx |
| Title: | EVP & General Counsel |
7
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Glenbrook Capital L.P. |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX XXXXXXX |
| Print Name: | Xxxxxx Xxxxxxx |
| Title: | President |
8
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx X. Xxxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX X. XXXXXXXX |
| Print Name: | Xxxxxx X. Xxxxxxxx |
| Title: | n/a |
9
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxxx X. Xxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXX XXXX |
| Print Name: | Xxxx Xxxx |
| Title: | n/a |
10
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxxx X. Xxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXXX X. XXXXX |
| Print Name: | Xxxxxxx X. Xxxxx |
| Title: | n/a |
11
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Les and Xxx Xxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXX XXXXXXX AND XXX XXXXXXX |
| Print Name: | Les and Xxx Xxxxxxx |
| Title: | n/a |
12
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx Xxxx, XXX |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXXXXX XXXX |
| Print Name: | Xxxxxxxxx Xxxx |
| Title: | n/a |
13
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx Xxx & Xxxxx Xxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX XXX & XXXXX XXX |
| Print Name: | Xxxxxx Xxx & Xxxxx Xxx |
| Title: | n/a |
14
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Professional Traders Fund LLC |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX XXXXXX |
| Print Name: | Xxxxxx Xxxxxx |
| Title: | Manager |
15
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxxx Xxxxxxxxx, XXX |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXXX XXXXXXXXX |
| Print Name: | Xxxxxxx Xxxxxxxxx |
| Title: | n/a |
16
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx Xxxxxxxxxxx & Xxxxx Xxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXX XXXXX |
| Print Name: | Xxxxx Xxxxx |
| Title: | n/a |
17
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Saybrook L.P. |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XX XXXXXX |
| Print Name: | Xx Xxxxxx |
| Title: | General Partner |
18
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | SCG Capital, LLC |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX XXXXXX |
| Print Name: | Xxxxxx Xxxxxx |
| Title: | President |
19
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx Xxxxxx & Xxxxx Xxxxx Xxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ R. XXXXXX XXXXXXX & XXXXX XXXXX XXXXXXX |
| Print Name: | Xxxxxx Xxxxxx & Xxxxx Xxxxx Xxxxxxx |
| Title: | n/a |
20
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxxxx Xxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXXXX XXXXXX |
| Print Name: | Xxxxxx Xxxxxx |
| Title: | n/a |
21
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Triangle Holdings VI LLC |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXX XXXXXX |
| Print Name: | Xxx Xxxxxx |
| Title: | Manager |
22
Amendment Xx. 0 xx
Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
The Company and the Investors hereby agree as follows:
1. In the preamble of the Agreement, the phrase "The Company has authorized the issuance and sale (the "Placement") of up to 56 Units..." is hereby amended and superseded to now read "The Company has authorized the issuance and sale (the "Placement") of up to 64 Units..."
2. Notwithstanding anything to the contrary in the Agreement or the annexes, exhibits and attachments thereto, the Company may sell up to 64 Units in the Placement without the consent of the holders of a majority of the Units then outstanding.
3. This Amendment shall be deemed to be part of the Agreement.
4. This Amendment may be executed in two or more counterparts. Each executed counterpart will be considered an original document, and all executed counterparts are considered one and the same document. Facsimile signatures are binding on the parties hereto.
AGREED AS OF DECEMBER 21, 2005:
| ASCENT SOLAR TECHNOLOGIES, INC. a Delaware corporation |
INVESTOR | |||||
| Investor Name: | Xxxx Xxxxxxx |
|||||
| By: | /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx, President |
By: | /s/ XXXX XXXXXXX |
| Print Name: | Xxxx Xxxxxxx |
| Title: | n/a |
23
Amendment Xx. 0 xx Xxxxxx Xxxx Xxxxxxxx and Investor Subscription Agreement
