Void after October 30, 2015 Warrant No. 2008-E-_____Common Stock Purchase Warrant • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
THIS SECURITY AND ANY SHARES ISSUED UPON THE EXERCISE OR CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN COMPLIANCE WITH APPLICABLE STATE SECURITIES LAWS OR BLUE SKY LAWS.
ContractSecured Convertible Promissory Note • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
THIS NOTE AND THE RIGHTS PROVIDED HEREIN ARE SUBJECT IN ALL RESPECTS TO THE TERMS OF THE SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT OF EVEN DATE HEREWITH BETWEEN THE AGENT OF THE PAYEE AND SAND HILL FINANCE, LLC.
CONVERTIBLE NOTE AND WARRANT PURCHASE AGREEMENT by and among AXS-One Inc. and the parties named herein on Schedule 1, as Purchasers October 30, 2008Convertible Note and Warrant Purchase Agreement • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
This CONVERTIBLE NOTE AND WARRANT PURCHASE AGREEMENT (this “Agreement”) is dated as of October 30, 2008, among AXS-One Inc., a Delaware corporation (the “Company”), and the purchasers identified on Schedule 1 hereto (each a “Purchaser” and collectively the “Purchasers”).
SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • California
This Second Amended and Restated Subordination Agreement is made as of October 30, 2008 by and between BlueLine Capital Partners, LP, a Delaware limited partnership, as agent (“Agent”) for the secured parties under the Security Agreement (as defined below), and Sand Hill Finance, LLC (“SHF”).
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
This Agreement is being entered into pursuant to the Convertible Note and Warrant Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers (the “Purchase Agreement”).
THIRD SECURITY AGREEMENT AMENDMENTSecurity Agreement • November 3rd, 2008 • Axs One Inc • Services-prepackaged software • New York
This THIRD SECURITY AGREEMENT AMENDMENT (the “Amendment”) is made as of October 30, 2008 between BlueLine Capital Partners, LP, a Delaware limited partnership with an office located at 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94596, as agent (hereinafter, in such capacity, the “Agent”) for itself and the other lenders listed on the signature pages hereto (hereinafter, collectively, the “Secured Parties”), the Secured Parties and AXS-One Inc., a Delaware corporation with its principal executive offices located at 301 Route 17 North, Rutherford, NJ 07070, Attention: President (the “Debtor”).
