CAPSTONE TURBINE CORPORATION 21,485,660 Shares Warrants to Purchase 6,445,698 Shares Common Stock ($0.001 Par Value) PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • September 18th, 2008 • Capstone Turbine Corp • Engines & turbines • New York
The undersigned, Capstone Turbine Corporation, a Delaware corporation (the “Company”), hereby addresses you (the “Placement Agent”) and confirms its agreement with you as follows:
CAPSTONE TURBINE CORPORATION WARRANT TO PURCHASE ________ SHARES OF COMMON STOCKWarrant Agreement • September 18th, 2008 • Capstone Turbine Corp • Engines & turbines • New York
This Warrant is being issued pursuant to that certain Subscription Agreement, dated September 17, 2008, by and between the Company and the purchaser identified therein (the “Subscription Agreement”). The original issuance of this Warrant by the Company pursuant to the Subscription Agreement has been registered pursuant to a registration statement on Form S-3, File No. 333-128164 and, if applicable, any related registration statement filed by the Company pursuant to Rule 462(b) of the Securities Act of 1933, as amended (the “Securities Act”), in connection with the offering of this Warrant (collectively with any successor registration statement covering the Warrant Shares that the Company may file with the Securities Exchange Commission (the “Commission”) under the Securities Act and that shall have become effective under the Securities Act, the “Registration Statement”). This Warrant was originally issued on September ___, 2008 (the “Original Issue Date”), and is one of a series of War
Subscription AgreementSubscription Agreement • September 18th, 2008 • Capstone Turbine Corp • Engines & turbines
