Common Contracts

RIGHTS AGReeMENT

Agreement • September 7th, 2016 • Kona Grill Inc • Retail-eating places • Delaware

• Contract Type
  Agreement
• Filed
  September 7th, 2016
• Company
  Kona Grill Inc
• Industry
  Retail-eating places
• Jurisdiction
  Delaware

AGREEMENT (the “Agreement”) dated as of September 6, 2016 between Kona Grill, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, as Rights Agent (the “Rights Agent”),

RIGHTS AGREEMENT

Agreement • August 31st, 2011 • El Capitan Precious Metals Inc • Metal mining • Nevada

• Contract Type
  Agreement
• Filed
  August 31st, 2011
• Company
  El Capitan Precious Metals Inc
• Industry
  Metal mining
• Jurisdiction
  Nevada

Until the Distribution Date (or earlier redemption, exchange or expiration of the Preferred Rights), (i) the Preferred Rights will be evidenced by the Common Stock certificates and will be transferred with and only with such Common Stock certificates, (ii) new Common Stock certificates issued after the Record Date will contain a notation incorporating the Preferred Rights Agreement by reference, and (iii) the surrender for transfer of any certificates for Common Stock will also constitute the transfer of the Preferred Rights associated with the Common Stock represented by such certificate.