PURCHASE AGREEMENTPurchase Agreement • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec • California
THIS PURCHASE AGREEMENT ("Agreement") is made as of the 14th day of June, 2004 by and among VitalStream Holdings, Inc., a Nevada corporation (the "Company"), and the Investors set forth on the signature pages hereto (each an "Investor" and collectively the "Investors").
AMENDMENT TO COMMON STOCK PURCHASE WARRANT (AMENDED AND RESTATED)Common Stock Purchase Warrant • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec
THIS AMENDMENT TO COMMON STOCK PURCHASE WARRANT (AMENDED AND RESTATED) (the "Amendment") is entered into as of the 14th day of June, 2004 (the "Effective Date"), by and between VitalStream Holdings, Inc., a Nevada corporation (the "Company") and ________________. (the "Warrant Holder"). Each of the Company and the Warrant Holder are individually referred to herein as a "Party" and collectively as the "Parties." Capitalized terms not expressly defined herein shall have the meaning set forth in the Warrant (as such term is defined below).
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec • California
This Investor Rights Agreement (the "Agreement") is made and entered into as of this 14th day of June, 2004 by and among VitalStream Holdings, Inc., a Nevada corporation (the "Company"), the "Stockholders" listed on the Schedule of Stockholders attached hereto (the "Stockholders") and the Investors listed on the Schedule of Investors attached hereto (each, an "Investor"; collectively, the "Investors") in connection with the closing of the transactions described in that certain Purchase Agreement dated as of the date hereof by and among the Company, the Major Investor and certain other investors (the "Purchase Agreement"). The Stockholders, the Investors, and any permitted transferees of the Stockholders and Investors who are party (or required to be a party) to this Agreement are hereinafter referred to separately as a "Party" and collectively as the "Parties."
AMENDMENT TO COMMON STOCK PURCHASE WARRANT (ADDITIONAL WARRANT)Common Stock Purchase Warrant • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec
THIS AMENDMENT TO COMMON STOCK PURCHASE WARRANT (ADDITIONAL WARRANT) (the "Amendment") is entered into as of the 14th day of June, 2004 (the "Effective Date"), by and between VitalStream Holdings, Inc., a Nevada corporation (the "Company") and _______________ (the "Warrant Holder"). Each of the Company and the Warrant Holder are individually referred to herein as a "Party" and collectively as the "Parties." Capitalized terms not expressly defined herein shall have the meaning set forth in the Warrant (as such term is defined below).
CONVERSION AGREEMENTConversion Agreement • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec • New York
THIS CONVERSION AGREEMENT (this "Agreement") is made as of the 14th day of June, 2004 by and among VitalStream Holdings, Inc., a Nevada corporation (the "Company"), Dolphin Communications Parallel Fund II (Netherlands), L.P. and Dolphin Communications Fund II, L. P. (collectively "Dolphin") and the holders of Series A Preferred party hereto identified as Series A Holders on the signature page hereof (each a "Series A Holder"; collectively, the "Series A Holders"; and collectively with Dolphin, the "Securityholders"). Capitalized terms not defined when first used in the text hereof have the meaning set forth in Section 5 of this Agreement.
SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT Dated as of June 14, 2004 Among VitalStream Holdings, Inc. and the Stockholders of VitalStream Holdings, Inc. Referred to HereinRegistration Rights Agreement • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec • Nevada
This SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT, dated as of June 14, 2004 (this "Agreement"), by and among VitalStream Holdings, Inc., a Nevada corporation (the "Company") and the holders of Equity Securities listed on the Schedule of Stockholders attached hereto (including such other holders of Common Stock who may from time to time become parties hereto after the date hereof and be listed on the Schedule of Stockholders) (the "Stockholders").
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec • California
This Registration Rights Agreement (the "Agreement") is made and entered into as of this 14th day of June, 2004 by and among VitalStream Holdings, Inc., a Nevada corporation (the "Company"), and the "Investors" named in that certain Purchase Agreement by and among the Company and the Investors dated the date hereof (the "Purchase Agreement") to the extent party thereto.
AMENDMENT TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • June 30th, 2004 • Vitalstream Holdings Inc • Services-business services, nec
THIS AMENDMENT TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (the "Amendment") is entered into as of the 14th day of June, 2004 (the "Effective Date"), by and among VitalStream Holdings, Inc., a Nevada corporation (the "Company"), the Common Stockholders, the Preferred Stockholders, the Convertible Noteholders, and the Warrant Holders (together with the Company, the "Parties"). Capitalized terms not expressly defined herein shall have the meaning set forth in the Agreement (as such term is defined below).
