EXHIBIT 10.5 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Agreement") is made and entered into as of December ___, 2005 XSUNX, INC., a Colorado corporation (the "Company"); the Buyer(s) listed on the Securities Purchase Agreement, dated the date...Escrow Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet • New Jersey
Contract Type FiledDecember 12th, 2005 Company Industry Jurisdiction
Recitals:Termination Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet
Contract Type FiledDecember 12th, 2005 Company Industry
EXHIBIT 10.1 SECURITIES PURCHASE AGREEMENT THIS SECURITIES PURCHASE AGREEMENT (this "Agreement"), dated as of December ___, 2005, by and among XSUNX, INC., a Colorado corporation (the "Company"), and the Buyers listed on Schedule I attached hereto...Securities Purchase Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet • New Jersey
Contract Type FiledDecember 12th, 2005 Company Industry Jurisdiction
EXHIBIT 10.4 AMENDED AND RESTATED SECURITY AGREEMENT THIS AMENDED AND RESTATED SECURITY AGREEMENT (the "Agreement"), is entered into and made effective as of December ___, 2005 to amend and restated the original Security Agreement entered into and...Security Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet • New Jersey
Contract Type FiledDecember 12th, 2005 Company Industry Jurisdiction
No. CCP-3 $2,000,000 XSUNX, INC. Secured Convertible Debenture Due December ___, 2008 This Secured Convertible Debenture (the "Debenture") is issued by XSUNX, INC., a Colorado corporation (the "Obligor"), to CORNELL CAPITAL PARTNERS, LP (the...Debenture Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet
Contract Type FiledDecember 12th, 2005 Company Industry
EXHIBIT 10.2 INVESTOR REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of December ____, 2005, by and among XSUNX, INC., a Colorado corporation (the "Company"), and the undersigned investors listed on...Investor Registration Rights Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet • New Jersey
Contract Type FiledDecember 12th, 2005 Company Industry Jurisdiction
RECITALS:Pledge and Escrow Agreement • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet • New Jersey
Contract Type FiledDecember 12th, 2005 Company Industry Jurisdiction
EXHIBIT 10.6 IRREVOCABLE TRANSFER AGENT INSTRUCTIONS December ___, 2005 Mountain Share Transfer 1625 Abilene Drive Broomfield, CO 80020-1147 RE: XSUNX, INC. Ladies and Gentlemen: Reference is made to that certain Securities Purchase Agreement (the...Irrevocable Transfer Agent Instructions • December 12th, 2005 • Xsunx Inc • Unsupported plastics film & sheet
Contract Type FiledDecember 12th, 2005 Company Industry