SALES AND MARKETING AGREEMENTSales and Marketing Agreement • May 20th, 2008 • Performance Health Technologies Inc • Electromedical & electrotherapeutic apparatus • New Jersey
This Sales and Marketing Agreement is made and entered into in as of this 19th day of May, 2008 by and between Performance Health Technologies, Inc., a Delaware corporation (the "Company") and Interactive Metronome, Inc., a Virginia corporation (the "Contractor").
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED OR DISPOSED OF EXCEPT PURSUANT...Performance Health Technologies Inc • May 20th, 2008 • Electromedical & electrotherapeutic apparatus • Delaware
THIS IS TO CERTIFY THAT, for value received, JACSON LONG, or his registered assigns (hereinafter referred to as the (“Holder”), is entitled to subscribe and purchase from PERFORMANCE HEALTH TECHNOLOGIES, INC., a Delaware corporation (the “Company”), commencing on the date hereof, 100,000 shares of Common Stock, $.01 par value, of the Company (the “Shares”), at the place where the Warrant Agency (as hereinafter defined) is located, at the Exercise Price (as hereinafter defined), all subject to adjustment and upon the terms and conditions as hereinafter provided, and is entitled also to exercise the other appurtenant rights, powers and privileges hereinafter described; provided, however, that in no event shall the Holder be entitled to exercise this Warrant for a number of Shares in excess of that number of Shares which, upon giving effect to such exercise, would cause the aggregate number of shares of Company Common Stock beneficially owned by the Holder and its affiliates to exceed 9.9
AMENDMENT AGREEMENTAmendment Agreement • May 20th, 2008 • Performance Health Technologies Inc • Electromedical & electrotherapeutic apparatus
This Amendment Agreement (the “Agreement”) is made and entered into as of May 1, 2008 by and between Portfolio Lenders II, LLC (the “Investor”) and Performance Health Technologies, Inc. (“PHT”).
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED OR DISPOSED OF EXCEPT PURSUANT...Performance Health Technologies Inc • May 20th, 2008 • Electromedical & electrotherapeutic apparatus • Delaware
THIS IS TO CERTIFY THAT, for value received, PORTFOLIO LENDERS II, LLC, or his registered assigns (hereinafter referred to as the (“Holder”), is entitled to subscribe and purchase from PERFORMANCE HEALTH TECHNOLOGIES, INC., a Delaware corporation (the “Company”), commencing on the date hereof, 150,000 shares of Common Stock, $.01 par value, of the Company (the “Shares”), at the place where the Warrant Agency (as hereinafter defined) is located, at the Exercise Price (as hereinafter defined), all subject to adjustment and upon the terms and conditions as hereinafter provided, and is entitled also to exercise the other appurtenant rights, powers and privileges hereinafter described; provided, however, that in no event shall the holder be entitled to exercise this Warrant for a number of Warrant Shares in excess of that number of Warrant Shares which, upon giving effect to such exercise, would cause the aggregate number of shares of Common Stock beneficially owned by the holder and its af
