WARRANT TO PURCHASE STOCKWarrant Agreement • April 30th, 2010 • GigOptix, Inc. • Semiconductors & related devices • California
Contract Type FiledApril 30th, 2010 Company Industry JurisdictionTHIS WARRANT CERTIFIES THAT AGILITY CAPITAL, LLC or registered assignee (“Holder”) is entitled to purchase the number of fully paid and nonassessable shares (the “Shares”) of Common Stock of GIGOPTIX, INC. (the “Company”), in the number, at the price, and for the term specified above. The Exercise Price shall be equal to the lower of (i) the price specified above or (ii) the price paid in the next sale or issuance of Shares after the Issue Date, if any, by 90 days of the Issue Date, in which Company receives at least $500,000. Upon the occurrence of an Event of Default under the Loan Agreement between Holder and Company dated as of the Issue Date (the “Loan Agreement”), Holder may acquire (i) an additional 25,000 Shares under this Warrant, with an exercise price equal to the average closing price of Company’s common stock for the 15 days before the date of the occurrence of the Event of Default, and (ii) an additional 35,000 Shares on each thirtieth day thereafter for so long as the Ev
WARRANT TO PURCHASE STOCKWarrant Agreement • April 30th, 2010 • GigOptix, Inc. • Semiconductors & related devices • California
Contract Type FiledApril 30th, 2010 Company Industry JurisdictionTHIS WARRANT CERTIFIES THAT AGILITY CAPITAL, LLC or registered assignee (“Holder”) is entitled to purchase the number of fully paid and nonassessable shares (the “Shares”) of Common Stock of GIGOPTIX, INC. (the “Company”), in the number, at the price, and for the term specified above. The Exercise Price shall be equal to $2.00. This Warrant is issued in connection with a Waiver and Amendment to Loan Agreement of even date (the “Waiver”) between Holder and Company dated as of the Issue Date (the “Loan Agreement”), and evidences Holder’s right to acquire an additional 25,000 Shares as a result of the Event of Default under the Loan Agreement that is the subject of the Waiver. Holder is not entitled to purchase any other additional Shares as a result of such Event of Default.