SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 22nd, 2007 • Focus Enhancements Inc • Computer communications equipment • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 20, 2007, among Focus Enhancements, Inc., a Delaware corporation (the “Company”), and each Purchaser identified on the signature pages hereto (each a “Purchaser” and collectively the “Purchasers”); the Company and each Purchaser are individually referred to herein as a “party” and collectively as the “parties”.
COMMON STOCK PURCHASE WARRANT To Purchase Shares of Common Stock ofCommon Stock Purchase Warrant • February 22nd, 2007 • Focus Enhancements Inc • Computer communications equipment
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 Focus Enhancements, 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 $2.00, subject to adjustment hereunder. The Exercise Price and the number of Warrant Shares for which the Warrant is exercisable shall be subject to adjustment as provided herein. Capitalized terms used and not otherwise defined herein shall have the meanin
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 22nd, 2007 • Focus Enhancements Inc • Computer communications equipment
This Fifth Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of February 21, 2007, by and between Greater Bay Venture Banking, a division of Greater Bay Bank N.A. successor in interest to Venture Banking Group, a division of Greater Bay Bank N.A. (“Bank”) and Focus Enhancements, Inc. (“Borrower”).
