ContractWarrant Agreement • February 8th, 2008 • Emagin Corp • Semiconductors & related devices • 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 EMAGIN CORPORATION THAT SUCH REGISTRATION IS NOT REQUIRED.
AMENDMENT NO. 1 – LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 8th, 2008 • Emagin Corp • Semiconductors & related devices • New York
Amendment No. 1, dated as of January 30, 2008 (“Amendment”), to the Loan and Security Agreement, dated August 7, 2007 (the “Original Agreement” and, as amended hereby, the “Agreement”) by and between EMAGIN CORPORATION, a Delaware corporation with its principal place of business located at 10500 N.E. 8th Street, Suite 1400, Bellevue, Washington 98004 (the "Borrower"), and MORIAH CAPITAL, L.P., a Delaware limited partnership with offices at 685 Fifth Avenue, New York, New York 10022 (as further defined below, the "Lender"). Capitalized terms used but not defined herein have the meanings given to them in the Original Agreement.
WARRANT ISSUANCE AGREEMENTWarrant Issuance Agreement • February 8th, 2008 • Emagin Corp • Semiconductors & related devices • New York
THIS WARRANT ISSUANCE AGREEMENT (this “Agreement”) is made and entered into as of January 30, 2008, by and between eMagin Corporation, a Delaware corporation (the “Company”), and Moriah Capital, L.P., a Delaware limited partnership (the “Lender”).
