SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 5th, 2008 • Etelos, Inc. • Services-prepackaged software • Delaware
Contract Type FiledDecember 5th, 2008 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of December 3, 2008 between Etelos, 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”).
COMMON STOCK PURCHASE WARRANT ETELOS, INC.Etelos, Inc. • December 5th, 2008 • Services-prepackaged software
Company FiledDecember 5th, 2008 IndustryTHIS 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 hereof (the “Initial Exercise Date”) and on or prior to the close of business on the third anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Etelos, Inc., a Delaware corporation (the “Company”), up to shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).