Void after 5:00 P.M. New York City time on the last day of the Exercise Period, as defined in this Warrant COMMON STOCK PURCHASE WARRANT OF DATA SYSTEMS & SOFTWARE INC.Warrant Agreement • August 11th, 2006 • Data Systems & Software Inc • Services-computer programming services • New York
This is to certify that, FOR VALUE RECEIVED, ______________________________ (the “Holder”), is entitled to purchase, subject to the provisions of this Warrant, from DATA SYSTEMS & SOFTWARE INC., a Delaware corporation (the “Company”), at an exercise price per share of Two Dollars and Seventy-eight Cents ($2.78), subject to adjustment as provided in this Warrant (the “Warrant Exercise Price”), __________________ (___________) shares of common stock, par value $0.01 per share, of the Company (the “Common Stock”). The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, are hereinafter sometimes referred to as the “Warrant Shares.”
Data Systems & Software Inc. PLACEMENT AGENT AGREEMENT June 12, 2006Placement Agent Agreement • August 11th, 2006 • Data Systems & Software Inc • Services-computer programming services • New York
Data Systems & Software Inc., a Delaware corporation (the “Company” or “DSSI”), proposes to offer for sale (the "Offering") in a private offering pursuant to Section 4(2) of the Securities Act of 1933, as amended (the "Act"), and/or Regulation D promulgated thereunder, shares of its Common Stock, par value $.01 per share (“Shares”) and (ii) warrants for purchase of Shares (“Warrants”). The Shares and Warrants to be offered and sold are sometimes referred to herein as the “Securities”. The Offering is being conducted on a “best efforts” basis (with no minimum gross proceeds) for up to $3,000,000 of gross proceeds (the “Maximum Offering”). Offers and sales of the Securities shall be made solely to Accredited Investors (as defined in Regulation D). This letter agreement shall confirm our agreement concerning First Montauk Securities Corp. acting as our placement agent (the “Placement Agent” or “First Montauk”) in connection with the sale of the Securities.
DATA SYSTEMS & SOFTWARE INC. SUBSCRIPTION AGREEMENTSubscription Agreement • August 11th, 2006 • Data Systems & Software Inc • Services-computer programming services • New York
The undersigned (hereinafter “Subscriber”) hereby confirms its subscription for the purchase of shares of Common Stock, par value $.01 per share, of DATA SYSTEMS & SOFTWARE INC. (“Common Stock”), a Delaware corporation (the “Company”), and warrants exercisable for Common Stock (“Warrants”), on the terms described below
