ContractWarrant Agreement • August 26th, 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.
AMENDED AND RESTATED SECURITIES ISSUANCE AGREEMENTSecurities Issuance Agreement • August 26th, 2008 • Emagin Corp • Semiconductors & related devices • New York
THIS AMENDED AND RESTATED SECURITIES ISSUANCE AGREEMENT (this “Agreement”) is made and entered into on August 20, effective as of August 7, 2008, by and between eMagin Corporation, a Delaware corporation (the “Company”), and Moriah Capital, L.P., a Delaware limited partnership (the “Lender”).
AMENDMENT - REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 26th, 2008 • Emagin Corp • Semiconductors & related devices
Amendment, dated August 20, 2008, effective as of August 7, 2008 (“Amendment”), to the Registration Rights Agreement, dated August 7, 2007 (as amended prior to the date hereof, the “Registration Rights Agreement”), by and between eMagin Corporation, a Delaware corporation (the “Company”), and Moriah Capital, L.P. (the “Lender”).
AMENDED AND RESTATED SECURED REVOLVING LOAN NOTESecured Revolving Loan Note • August 26th, 2008 • Emagin Corp • Semiconductors & related devices • New York
FOR VALUE RECEIVED, the undersigned, EMAGIN CORPORATION, a Delaware corporation, with its principal place of business located at 10500 N.E. 8th Street, Suite 1400 Bellevue, Washington 12533 (“eMagin” or “Borrower”) promises to pay to the order of MORIAH CAPITAL, L.P., a Delaware limited partnership with offices at 685 Fifth Avenue, New York, New York 10022, and its successors and assigns (“Lender”), on or before the Maturity Date, the principal sum of up to Three Million Dollars ($3,000,000) in accordance with the Loan and Security Agreement, dated as of August 7, 2007, as amended through the date hereof, entered into by and between Borrower and Lender (as so amended, and as amended from time to time, the “Agreement”). Capitalized terms used herein and not defined herein shall have their respective meanings as set forth in the Agreement.
AMENDMENT NO. 3 – LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 26th, 2008 • Emagin Corp • Semiconductors & related devices • New York
Amendment No. 3, dated August 20, effective as of August 7, 2008 (“Amendment”), to the Loan and Security Agreement, dated August 7, 2007, as amended as of January 30, 2008 by Amendment No. 1 and as further amended as of March 18, 2008 by Amendment No. 2 (collectively, 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 AGREEMENT NO. 2Warrant Issuance Agreement • August 26th, 2008 • Emagin Corp • Semiconductors & related devices • New York
THIS WARRANT ISSUANCE AGREEMENT NO. 2 (this “Agreement”) is made and entered into on August 20, effective as of August 7, 2008, by and between eMagin Corporation, a Delaware corporation (the “Company”), and Moriah Capital, L.P., a Delaware limited partnership (the “Lender”).
