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...Warrant Agreement • February 9th, 2009 • nFinanSe Inc. • Short-term business credit institutions • Florida
This is to certify that, for value received, _________________ (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 one (1) year thereafter, unless extended pursuant to Section 1(b) below (the “Exercise Period”), an aggregate of __________________ (___________) 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 $1.00 (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”.
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 9th, 2009 • nFinanSe Inc. • Short-term business credit institutions • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of February 3, 2009 among nFinanSe Inc., a Nevada corporation (“Parent”), and nFinanSe Payments Inc., a Nevada corporation (together with Parent, on a joint and several basis, the “Borrowers”), the Lenders (as defined in the Loan Agreement (as defined below)), and Ballyshannon Partners, L.P., a Pennsylvania limited partnership, acting as agent (in such capacity, and any successor thereto, the “Agent”).
AMENDMENT NO. 1 TO WARRANTSWarrant Amendment • February 9th, 2009 • nFinanSe Inc. • Short-term business credit institutions
THIS AMENDMENT NO. 1 TO WARRANTS, dated as of February 3, 2009 (this “Amendment”), is issued by nFinanSe Inc., a Nevada corporation (the “Company”), to ____________________ (the “Holder”).
