SUBSCRIPTION AGREEMENTSubscription Agreement • December 24th, 2003 • Mdu Communications International Inc • Communications services, nec • New York
This SUBSCRIPTION AGREEMENT (the “Subscription Agreement”) is made as of the date set forth on the signature page between MDU COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation, with its principal offices at 60-D Commerce Way, Totowa, New Jersey 07512 (including its two wholly-owned subsidiaries as more fully described below, the “Company”), and the undersigned subscriber (the “Investor”).
WARRANT TO PURCHASE COMMON STOCK OF MDU COMMUNICATIONS INTERNATIONAL, INC.Warrant Agreement • December 24th, 2003 • Mdu Communications International Inc • Communications services, nec
This is to Certify That, FOR VALUE RECEIVED, or assigns (“Holder”), is entitled to purchase, subject to the provisions of this Warrant, from MDU Communications International, Inc., a Delaware corporation (“Company”), fully paid, validly issued and nonassessable shares of common stock, par value $.001 per share, of the Company (“Common Stock”), at a purchase price equal to $1.75 per share at any time or from time to time commencing on the date hereof until November 24, 2006. The number of shares of Common Stock to be received upon the exercise of this Warrant and the price to be paid for each share of Common Stock may be adjusted from time to time as hereinafter set forth. The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as “Warrant Shares” and the exercise price of a share of Common Stock in effect at any time and as adjusted from time to time is hereinafter sometimes referred to as the “Exercise Price.”
DIRECTV MDU SYSTEM OPERATOR AGREEMENTMdu System Operator Agreement • December 24th, 2003 • Mdu Communications International Inc • Communications services, nec • California
This DIRECTV MDU System Operator Agreement (“Agreement”) is made and entered into as of this day of September, 2003 (“Execution Date”), between DIRECTV, Inc., a California corporation (“DIRECTV”), and MDU Communications (USA) Inc., a Delaware corporation (“System Operator”).
