WARRANT TO PURCHASE 30,000 SHARES OF SERIES F PREFERRED STOCKWarrant Agreement • March 16th, 2007 • Nimblegen Systems Inc • Delaware
Contract Type FiledMarch 16th, 2007 Company JurisdictionTHIS CERTIFIES THAT, for value received, General Electric Capital Corporation (“Holder”) is entitled to subscribe for and purchase Thirty Thousand (30,000) shares of fully paid and nonassessable Series F Preferred Stock (collectively, the “Warrant Shares”) of NimbleGen Systems, Inc., a Delaware corporation (the “Company”), at the Warrant Price (as hereinafter defined), subject to the provisions and upon the terms and conditions hereinafter set forth. As used herein, the term “Preferred Stock” shall mean the Company’s presently authorized Series F Preferred Stock pursuant to its Eighth Amended and Restated Certificate of Incorporation, and any stock into which such Preferred Stock may hereafter be converted or exchanged and the term “Warrant Shares” shall mean the shares of Preferred Stock which Holder may acquire pursuant to this Warrant and any other shares of stock into which such shares of Preferred Stock may hereafter be converted or exchanged.
WARRANT TO PURCHASE 4,000 SHARES OF SERIES E PREFERRED STOCK AND 66,000 SHARES OF SERIES F PREFERRED STOCKWarrant Agreement • March 16th, 2007 • Nimblegen Systems Inc • Delaware
Contract Type FiledMarch 16th, 2007 Company JurisdictionTHIS CERTIFIES THAT, for value received, General Electric Capital Corporation (“Holder”) is entitled to subscribe for and purchase (i) Four Thousand (4,000) shares of fully paid and nonassessable Series E Preferred Stock and (ii) Sixty Six Thousand (66,000) shares of fully paid and nonassessable Series F Preferred Stock (collectively, the “Warrant Shares”) of NimbleGen Systems, Inc., a Delaware corporation (the “Company”), at the Warrant Price (as hereinafter defined), subject to the provisions and upon the terms and conditions hereinafter set forth. As used herein, the term “Preferred Stock” shall mean the Company’s presently authorized Series E Preferred Stock and the Company’s presently authorized Series F Preferred Stock, in each case pursuant to its Sixth Amended and Restated Certificate of Incorporation, and any stock into which such Preferred Stock may hereafter be converted or exchanged and the term “Warrant Shares” shall mean the shares of Preferred Stock which Holder may acqu