SOLYNDRA, INC. WARRANT TO PURCHASE SHARES OF COMMON STOCKWarrant Agreement • December 18th, 2009 • Solyndra, Inc. • California
Contract Type FiledDecember 18th, 2009 Company JurisdictionTHIS CERTIFIES THAT, for value received, and its assignees are entitled to subscribe for and purchase fully paid and nonassessable shares of Common Stock (as adjusted pursuant to Section 4 hereof, the “Shares”) of SOLYNDRA, INC., a Delaware corporation (the “Company”), at a price per share of $23.0017 (such price and such other price as shall result, from time to time, from the adjustments specified in Section 4 hereof is herein referred to as the “Warrant Price”), subject to the provisions and upon the terms and conditions hereinafter set forth. This Warrant is (i) being issued pursuant to Section 1(b) of that certain Note and Warrant Purchase Agreement by and among the Company, the holder of this Warrant and certain other investors dated as of July 25, 2008 (as the same may be amended from time to time, the “Purchase Agreement”); (ii) subject to the terms of that certain Fifth Amended and Restated Investors’ Rights Agreement dated as of July 25, 2008 among the Company, certain holder
SOLYNDRA, INC. WARRANT TO PURCHASE SHARES OF COMMON STOCKWarrant Agreement • December 18th, 2009 • Solyndra, Inc. • Delaware
Contract Type FiledDecember 18th, 2009 Company JurisdictionTHIS CERTIFIES THAT, for value received, _________________________________ and its assignees are entitled to subscribe for and purchase _____________ fully paid and nonassessable shares of Common Stock (as adjusted pursuant to Section 4 hereof, the “Shares”) of SOLYNDRA, INC., a Delaware corporation (the “Company”), at a price per share of $10.0582 (such price and such other price as shall result, from time to time, from the adjustments specified in Section 4 hereof is herein referred to as the “Warrant Price”), subject to the provisions and upon the terms and conditions hereinafter set forth. This Warrant is (i) being issued pursuant to Section 1.2 of that certain Equity Purchase Agreement by and among the Company, the holder of this Warrant and certain other investors dated as of March 25, 2008 (the “Equity Agreement”) and (ii) subject to the terms of the that certain Fourth Amended and Restated Investor Rights Agreement dated as of March 25, 2008 among the Company, certain holders o