SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 22nd, 2010 • Xenonics Holdings, Inc. • Electric lighting & wiring equipment • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 20, 2010, between Xenonics Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT XENONICS HOLDINGS, INC.Common Stock Purchase Warrant • April 22nd, 2010 • Xenonics Holdings, Inc. • Electric lighting & wiring equipment
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after October ___, 2010 (the “Initial Exercise Date”) and on or prior to the close of business on the 5 year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Xenonics Holdings, Inc., a Nevada corporation (the “Company”), up to shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 22nd, 2010 • Xenonics Holdings, Inc. • Electric lighting & wiring equipment
This Amendment (this “Amendment”) to that certain Securities Purchase Agreement, dated as of April 1, 2010 (the “Securities Purchase Agreement”), is entered into as of April 20, 2010, between Xenonics Holdings, Inc., a Nevada corporation (the “Company”), and the undersigned stockholders of the Company (each, a “Holder” and collectively, the “Holders”). Capitalized terms used and not otherwise defined shall have the meanings given such terms in the Securities Purchase Agreement.
