SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 30th, 2004 • Apogee Technology Inc • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 24, 2004, among Apogee Technology, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”); and
COMMON STOCK PURCHASE WARRANT To Purchase ______________ Shares of Common Stock of APOGEE TECHNOLOGY, INC.Security Agreement • August 30th, 2004 • Apogee Technology Inc • Semiconductors & related devices
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) CERTIFIES that, for value received, ______________ (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date of issuance of this Warrant (the “Initial Exercise Date”) and on or prior to the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Apogee Technology, Inc., a Delaware corporation (the “Company”), up to ______________ shares (the “Warrant Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $5.70(1), subject to adjustment hereunder. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement (the “Purchase Agreement”), dated August 24, 2004
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 30th, 2004 • Apogee Technology Inc • Semiconductors & related devices
This Registration Rights Agreement (this “Agreement”) is made and entered into as of August 24, 2004, by and among Apogee Technology, Inc., a Delaware corporation (the “Company”), and the purchasers signatory hereto (each such purchaser, a “Purchaser” and collectively, the “Purchasers”).
