FALCONSTOR SOFTWARE, INC. WARRANTFalconstor Software Inc • November 20th, 2017 • Services-prepackaged software • Delaware
FALCONSTOR SOFTWARE, INC., a Delaware corporation (the “Company”), hereby certifies that, for value received, HCP-FVA, LLC or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of 13,859,128 (subject to adjustment as provided herein) fully paid and non-assessable shares of common stock, $0.001 par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $0.001 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from time to time from and after the date hereof (the “Issuance Date”) and through and including November 17, 2027 (the “Expiration Date”), and subject to the following terms and conditions. This Warrant (this “Warrant”) is being issued pursuant to Section 2(a)(ix) of that certain Loan and Security Agreement, dated as of November 17, 2017 (the “Loan Agreement”), by and among the C
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 20th, 2017 • Falconstor Software Inc • Services-prepackaged software • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of November 17, 2017, among: (a) FALCONSTOR SOFTWARE, INC., a Delaware corporation (“Borrower” or the “Company”), (b) the other Loan Parties from time to time party hereto and (c) HCP-FVA, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”), provides the terms on which Lender shall lend to Borrower and Borrower shall repay Lender. The parties agree as follows:
