GUARANTY AND INDEMNIFICATION AGREEMENTGuaranty and Indemnification Agreement • February 22nd, 2008 • nFinanSe Inc. • Short-term business credit institutions • Florida
This Agreement made this 19th day of February, 2008 by and between nFinanSe Inc., a Nevada corporation having a headquarters address at 3923 Coconut Palm Drive, Suite 107, Tampa, FL 33619-1356 (“nFinanSe”), and Bruce E. Terker, an individual having an address at 1150 First Avenue, Suite 600, King of Prussia, PA 19406 (“Guarantor”).
THIS WARRANT AND THE SECURITIES ISSUABLE UPON ITS EXERCISE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR UNDER ANY STATE SECURITIES LAWS, AND MAY NOT BE TRANSFERRED OR DISPOSED OF EXCEPT PURSUANT TO...nFinanSe Inc. • February 22nd, 2008 • Short-term business credit institutions • Florida
This is to certify that, FOR VALUE RECEIVED, Bruce E. Terker (the “Holder”), is entitled to purchase, subject to the terms set forth below, from nFinanse Inc., a Nevada corporation (the “Company”), during the period commencing on the date first written above and expiring five (5) years thereafter (the “Exercise Period”), an aggregate of 33,912 fully paid and non-assessable shares of the Company’s common stock, $0.001 par value per share (the “Common Stock”), at a per share purchase price of $3.35 (the “Exercise Price”). The Exercise Price and the number of such shares are subject to adjustment, from time to time, as provided below. The shares of Common Stock deliverable upon such exercise are hereinafter sometimes referred to as the “Warrant Shares”. This Warrant is herein referred to as the “Warrant”. Notwithstanding anything herein to the contrary, the Company shall not be obligated to issue any shares of its Common Stock pursuant to this Warrant unless and until all amounts due and
