WARRANT TO PURCHASE 71,301 SHARES OF COMMON STOCK December 27, 2005Warrant Agreement • December 27th, 2005 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS CERTIFIES THAT, for value received, General Electric Capital Corporation (“Holder”) is entitled to subscribe for and purchase Seventy-One Thousand Three Hundred One (71,301) shares of the fully paid and nonassessable Common Stock (the “Shares” or the “Stock”) of Cyberkinetics Neurotechnology Systems, Inc., a Delaware corporation (the “Company”), at the Warrant Price (as hereinafter defined), subject to the provisions and upon the terms and conditions hereinafter set forth.
LOAN AND MASTER SECURITY AGREEMENTLoan and Master Security Agreement • December 27th, 2005 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AGREEMENT is between General Electric Capital Corporation (together with its successors and assigns, if any, “Lender”) and Cyberkinetics Neurotechnology Systems, Inc. (“Debtor”). Lender has an office at 83 Wooster Heights Road, Danbury, CT 06810. Debtor is a corporation organized and existing under the laws of the state of Delaware (“the State”). Debtor’s mailing address and chief place of business is 100 Foxborough Blvd., Suite 240, Foxborough, MA 02035. The parties agree as follows:
