THIS WARRANT AND THE SHARES ISSUABLE UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. EXCEPT AS OTHERWISE SET FORTH HEREIN OR IN A SECURITIES PURCHASE AGREEMENT DATED AS OF NOVEMBER , 2002,...K2 Inc • February 24th, 2003 • Sporting & athletic goods, nec • Delaware
THIS CERTIFIES THAT, for value received, or its registered assigns, is entitled to purchase from K2 Inc., a Delaware corporation (the “Company”), at any time or from time to time during the period specified in Paragraph 2 hereof, Five Hundred Twenty Four Thousand Three Hundred Twenty Nine (524,329)1 [$25,000,000 divided by the Conversion Price multiplied by [0.25] [the “Conversion Price” shall mean the average of the closing prices over the fifteen trading days ending on the trading day preceding the effective date of the Securities Purchase Agreement multiplied by 120%]] fully paid and nonassessable shares of the Company’s common stock, par value $1.00 per share (the “Common Stock”), at an exercise price of $13.91 [140% of the Closing Price (the “Closing Price” shall mean the average of the closing prices over the fifteen trading days ending on the trading day preceding the closing date)] per share (the “Exercise Price”). The term “Warrant Shares,” as used herein, refers to the shares
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 24th, 2003 • K2 Inc • Sporting & athletic goods, nec • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February , 2003 by and among K2 Inc., a Delaware corporation (the “Company”), and the undersigned (together with their respective affiliates and any assignee or transferee of all of their respective rights hereunder, the “Initial Investors”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 24th, 2003 • K2 Inc • Sporting & athletic goods, nec • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of November , 2002, by and among K2 Inc., a Delaware corporation (“Company”), and the purchasers set forth on the signature pages hereto (collectively, the “Buyers”).
