Note Purchase AgreementNote Purchase Agreement • April 26th, 2007 • Emagin Corp • Semiconductors & related devices • New York
EMAGIN CORPORATION, a Delaware corporation, hereby certifies that, for value received, STILLWATER LLC or registered assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company at any time or from time to time before 5:00 p.m., New York City time, on the Expiration Date (such capitalized term and all other capitalized terms used herein having the respective meanings provided herein), 1,000,000 paid and nonassessable shares of Common Stock at a purchase price per share equal to the Purchase Price. The number of such shares of Common Stock and the Purchase Price are subject to adjustment as provided in this Warrant.
FIRST AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • April 26th, 2007 • Emagin Corp • Semiconductors & related devices
This First Amendment (“First Amendment”), dated as of March 28, 2007 (the “Amendment Date”), is to the Note Purchase Agreement, dated July 21, 2006 (including the Annexes, Schedules and Exhibits thereto, the “Stillwater NPA”), between eMagin Corporation, a Delaware corporation with headquarters located at 10500 N.E. 8th Street, Suite 1400, Bellevue, Washington 98004 (the “Company”), and Stillwater LLC, a Delaware limited liability company having its place of business at 15 East 62nd Street, New York, New York 10021 (“Stillwater” or “Buyer”).
Note Purchase AgreementNote Purchase Agreement • April 26th, 2007 • Emagin Corp • Semiconductors & related devices • New York
THIS NOTE DOES NOT REQUIRE PHYSICAL SURRENDER OF THIS NOTE IN THE EVENT OF A PARTIAL CONVERSION. AS A RESULT, FOLLOWING ANY CONVERSION OF ANY PORTION OF THIS NOTE, THE OUTSTANDING PRINCIPAL AMOUNT REPRESENTED BY THIS NOTE MAY BE LESS THAN THE PRINCIPAL AMOUNT SET FORTH BELOW.
