ContractHome Solutions of America Inc • October 26th, 2005 • Services-management services • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO HOME SOLUTIONS OF AMERICA, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
AMENDMENT NO. 1 AND WAIVERAnd Waiver • October 26th, 2005 • Home Solutions of America Inc • Services-management services • New York
This Amendment No. 1 and Waiver (this "Amendment"), dated as of November 8, 2004, is entered into by and between HOME SOLUTIONS OF AMERICA, INC., a Delaware corporation (the "Company"), and LAURUS MASTER FUND, LTD., a Cayman Islands company ("Laurus"), for the purpose of amending the terms of (i) the Security Agreement, dated as of January 22, 2004, by and between the Company and Laurus (as amended, modified or supplemented from time to time, the "Securities Purchase Agreement"), (ii) the Secured Convertible Minimum Borrowing Note, dated January 22, 2004 (as amended, modified or supplemented from time to time, the "Minimum Borrowing Note") issued by the Company pursuant to the Security Agreement, and (iii) the Registration Rights Agreement by and between the Company and Laurus, dated as of January 22, 2004 (as amended, modified or supplemented from time to time, the "Registration Rights Agreement" and, together with the Security Agreement and the Minimum Borrowing Note, the "Loan Docum
