ContractWarrant Agreement • June 24th, 2011 • Aspen Aerogels Inc • Delaware
THIS WARRANT AND ANY SECURITIES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER APPLICABLE U.S. OR NON-U.S. SECURITIES LAWS. NEITHER THIS WARRANT, SUCH SECURITIES NOR ANY INTEREST THEREIN MAY BE SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF REGULATION S OF THE SECURITIES ACT, UNDER THE REGISTRATION PROVISIONS OF THE SECURITIES ACT OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE ACT. HEDGING TRANSACTIONS INVOLVING THIS WARRANT, SUCH SECURITIES OR ANY INTEREST THEREIN MAY NOT BE CONDUCTED UNLESS IN COMPLIANCE WITH THE SECURITIES ACT.
ContractWarrant Agreement • June 24th, 2011 • Aspen Aerogels Inc • Delaware
THIS WARRANT AND ANY SECURITIES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS. NEITHER THIS WARRANT, SUCH SECURITIES NOR ANY INTEREST THEREIN MAY BE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND APPLICABLE STATE SECURITIES LAWS.
ContractWarrant Agreement • June 24th, 2011 • Aspen Aerogels Inc • Delaware
THIS WARRANT AND ANY SECURITIES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS. NEITHER THIS WARRANT, SUCH SECURITIES NOR ANY INTEREST THEREIN MAY BE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND APPLICABLE STATE SECURITIES LAWS.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 24th, 2011 • Aspen Aerogels Inc • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and ASPEN AEROGELS, INC., a Delaware corporation with offices located at 30 Forbes Road, Building B, Northborough, Massachusetts 01532 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
This instrument and the common stock of aspen aerogels, inc., a delaware corporation (the “company”), issuable upon exercise of this instrument have not been registered under the securities act of 1933 or applicable state laws and may not be sold,...Warrant Agreement • June 24th, 2011 • Aspen Aerogels Inc • New York
This Instrument is also subject to further restrictions on transfer as provided in that certain subordinated note and warrant purchase agreement, dated as of December 29, 2010, by and among the company, the purchasers named on Exhibit A thereto, and PJC Capital llc, as collateral agent, as the same may be amended, restated or modified from time to time (the “Purchase Agreement”).
1. USE AND RESTRICTIONS ON USE 1 2. TERM 4 3. RENT 4 4. RENT ADJUSTMENTS 5 5. SECURITY DEPOSIT 7 6. ALTERATIONS 9 7. REPAIR 10 8. LIENS 11 9. ASSIGNMENT AND SUBLETTING 11 10. INDEMNIFICATION 13 11. INSURANCE 14 12. WAIVER OF SUBROGATION 14 13....Lease • June 24th, 2011 • Aspen Aerogels Inc
By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises in the Building as set forth and described on the Reference Page. The Reference Page, including all terms defined thereon, is incorporated as part of this Lease.
ASPEN AEROGELS, INC. FIFTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 24th, 2011 • Aspen Aerogels Inc • Delaware
THIS FIFTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (“Agreement”), dated as of September 22, 2010, is by and among Aspen Aerogels, Inc., a Delaware corporation (the “Company”), and the Investors set forth on Schedule A hereto (the “Investors”).
