REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 15th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of even date herewith, between the Company and the Purchaser (the “Purchase Agreement”).
FORM OF WARRANTWarrant Agreement • August 15th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation • New York
Sphere 3D Corp., a corporation organized under the laws of the Province of Ontario (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [PURCHASER], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined in Section 1(b)) then in effect, at any time or times on or after the date hereof (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, up to such number of fully paid and nonassessable Common Shares (as defined below) equal to [ ], subject to adjustment as provided herein (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant to purchase Common Shares (including any warrants to purchase Common Shares issued in exchange, transfer or replacement hereof, this “Warrant”), shall have the mean
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 15th, 2017 • Sphere 3D Corp • Services-computer processing & data preparation • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of [ • ], 2017, between Sphere 3D Corp., a corporation organized under the laws of the Province of Ontario (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
