REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 31st, 2003 • Hearusa Inc • Retail-retail stores, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of this day of , 20 by and among HEARUSA, INC., a corporation organized under the laws of Delaware (the “Company”), and the persons identified as Purchasers pursuant to that certain Purchase Agreement of even date herewith by and among the Company and such Purchasers (the “Purchase Agreement”).
PURCHASE AGREEMENTPurchase Agreement • December 31st, 2003 • Hearusa Inc • Retail-retail stores, nec • New York
THIS PURCHASE AGREEMENT (“Agreement”) is made as of the 12th/18th day of December, 2003 by and among HEARUSA, INC., a Delaware corporation (the “Company”), and the Purchasers set forth on the signature pages affixed hereto (each a “Purchaser” and collectively the “Purchasers”).
HEARUSA, INC. PURCHASE WARRANT WARRANT (“WARRANT”) TO PURCHASE SHARES OF COMMON STOCK, $0.10 PAR VALUE PER SHAREWarrant Agreement • December 31st, 2003 • Hearusa Inc • Retail-retail stores, nec • New York
This is to certify that, FOR VALUE RECEIVED, (“Warrantholder”), is entitled to purchase, subject to the provisions of this Warrant, from HearUSA, Inc., a corporation organized under the laws of Delaware (“Company”), at any time and from time to time after the second (2nd) anniversary of the issuance hereof (“Exercise Date”) but not later than 5:00 P.M., Eastern time, on the fifth (5th) anniversary of such issuance date (“Expiration Date”), 142,850 shares (“Warrant Shares”) of Common Stock, $0.10 par value (“Common Stock”), of the Company, at an exercise price per share equal to $1.75 (the exercise price in effect from time to time hereafter being herein called the “Warrant Price”). The number of Warrant Shares purchasable upon exercise of this Warrant and the Warrant Price shall be subject to adjustment from time to time as described herein.
