SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 21st, 2004 • Bookham, Inc. • Semiconductors & related devices • New York
SECURITIES PURCHASE AGREEMENT (this "Agreement"), dated as of December 20, 2004, by and between BOOKHAM, INC., a Delaware corporation (the "Company"), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an "Investor" and, collectively, as the "Investors".
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 21st, 2004 • Bookham, Inc. • Semiconductors & related devices • New York
This REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of December 20, 2004, is by and between BOOKHAM, INC., a Delaware corporation (the "Company"), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an "Investor" and, collectively, as the "Investors".
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR ANY STATE SECURITIES LAW, AND MAY NOT BE OFFERED FOR SALE, SOLD OR TRANSFERRED...Warrant Agreement • December 21st, 2004 • Bookham, Inc. • Semiconductors & related devices
THIS CERTIFIES that and its permitted assigns (the "Holder"), has the right to purchase from BOOKHAM, INC., a Delaware corporation (the "Company"), upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, up to fully paid and nonassessable shares of the Company's common stock, par value $0.01 per share (the "Common Stock"), subject to adjustment as provided herein, at a price per share equal to the Exercise Price (as defined below), at any time and from time to time beginning on the date on which this Warrant is originally issued (the "Issue Date") and ending at 6:00 p.m., eastern time, on the date that is the fifth (5th) anniversary of the Issue Date (or, if such date is not a Business Day, on the Business Day immediately following such date) (the "Expiration Date"). This Warrant is issued pursuant to a Securities Purchase Agreement, dated as of December 20, 2004 (the "Securities Purchase Agreement"). Capitalized terms used herein and not oth
