REFOCUS GROUP LETTERHEAD]Contingent Subscription Agreement • February 2nd, 2004 • Refocus Group Inc • Surgical & medical instruments & apparatus
Reference is made to that certain letter agreement, dated March 6, 2003, relating to the Verus Contingent Subscription (the "Contingent Subscription Agreement"), from Verus Support Services Inc. ("Verus") to Refocus Group, Inc. ("Refocus"), and those certain related letter agreements, dated June 11, 2003 and August 28, 2003. Defined terms used without definition in this letter will have the meanings set forth for such terms in the Contingent Subscription Agreement. In addition, Verus and Refocus are parties to that certain letter agreement, dated March 6, 2003, relating to the Advisory Engagement (the "Advisory Agreement") pursuant to which Verus agreed to be appointed as a non-exclusive advisor for and on behalf of Refocus (as successor to Presby Corp).
REFOCUS GROUP LETTERHEAD]Contingent Subscription Agreement • February 2nd, 2004 • Refocus Group Inc • Surgical & medical instruments & apparatus
Reference is made to that certain letter agreement, dated March 6, 2003, relating to the Verus Contingent Subscription (the "Contingent Subscription Agreement"), from Verus Support Services Inc. ("Verus") to Refocus Group, Inc. ("Refocus"), and those certain related letter agreements, dated June 11, 2003 and August 28, 2003. Defined terms used without definition in this letter will have the meanings set forth for such terms in the Contingent Subscription Agreement. In addition, Verus and Refocus are parties to that certain letter agreement, dated March 6, 2003, relating to the Advisory Engagement (the "Advisory Agreement") pursuant to which Verus agreed to be appointed as a non-exclusive advisor for and on behalf of Refocus (as successor to Presby Corp).
AMENDED & RESTATED SUBSCRIPTION AGREEMENTSubscription Agreement • February 2nd, 2004 • Refocus Group Inc • Surgical & medical instruments & apparatus • Texas
This Amended and Restated Subscription Agreement (this "Agreement") is being delivered to you in connection with your investment in Refocus Group, Inc., a Delaware corporation (the "Company"), in connection with a private placement (the "Private Placement") of a minimum of 40 units ("Units") and a maximum of 200 Units, each Unit consisting of (i) 50,000 shares of Company common stock ("Common Stock"), and (ii) a detachable warrant to purchase 25,000 shares of Common Stock ("Warrant" and, together with the Common Stock, collectively, "Securities"), at an exercise price of $2.00 per share from issuance until the third anniversary of the closing of the Private Placement. The purchase price per Unit is $25,000.
