REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 19th, 2006 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 18, 2006, by and among Cyberkinetics Neurotechnology Systems, Inc., a Delaware corporation (the “Company”), on the one hand and the purchasers signatory hereto (each such purchaser, a “Purchaser” and collectively, the “Purchasers”), on the other hand.
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • October 19th, 2006 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • New York
THIS CERTIFIES THAT, for value received, (“Holder”), is entitled, subject to the terms and conditions of this Common Stock Purchase Warrant (this “Warrant”), at any time or from time to time after the date hereof (the “Effective Date”), to purchase up to ( ) shares (the “Warrant Shares”) of Common Stock (as defined below), from Cyberkinetics Neurotechnology Systems, Inc., a Delaware corporation (the “Company”), at an exercise price per share equal to $1.40 (the “Purchase Price). This Warrant shall expire at 5:00 p.m. Eastern Time on that date which is sixty (60) months from the date of this Warrant (the “Expiration Date”). Both the number of shares of Common Stock purchasable upon exercise of this Warrant and the Purchase Price are subject to adjustment and change as provided herein. This Warrant is issued in connection with that certain Securities Purchase Agreement executed by and among the Company, Holder and other parties.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 19th, 2006 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 18, 2006, among Cyberkinetics Neurotechnology Systems, Inc., a Delaware corporation (the “Company”), on the one hand, and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”) on the other hand;
