AMENDED AND RESTATED EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • May 4th, 2007 • Eyetel Imaging Inc • Massachusetts
This Amended and Restated Exclusive License Agreement (this “Agreement”) is made and entered into this April 30, 2007 by and between EyeTel Imaging, Inc., a Delaware corporation, with its principal offices at 9130 Guilford Road, Columbia, Maryland 21046 (“EyeTel”), and NeuroMetrix, Inc., a Delaware corporation, with its principal offices at 62 Fourth Avenue, Waltham, Massachusetts 02451 (“NEUROMetrix”).
WARRANT TO PURCHASE COMMON STOCK OF EYETEL IMAGING, INC.Warrant Agreement • May 4th, 2007 • Eyetel Imaging Inc • Massachusetts
THIS WARRANT AND THE UNDERLYING SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAWS AND MAY NOT BE OFFERED, SOLD, TRANSFERRED, HYPOTHECATED OR OTHERWISE ASSIGNED EXCEPT (1) PURSUANT TO A REGISTRATION STATEMENT WITH RESPECT TO SUCH SECURITIES THAT IS EFFECTIVE UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT RELATING TO THE DISPOSITION OF SECURITIES AND (2) IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS.
AMENDMENT TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 4th, 2007 • Eyetel Imaging Inc • New York
AMENDMENT TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Amendment”), dated as of May 1, 2007, by and among EyeTel Imaging, Inc., a Delaware corporation (the “Company”), and each of the other persons and entities listed on the signature pages hereto, amending that certain Amended and Restated Investor Rights Agreement, dated as of January 14, 2004, as amended on February 8, 2006 (the “Investor Rights Agreement”), by and among the Company and each of the persons and entities listed on the signature pages thereto. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Investor Rights Agreement.
AMENDMENT TO NOTE AND WARRANT PURCHASE AGREEMENT AND PROMISSORY NOTESNote and Warrant Purchase Agreement • May 4th, 2007 • Eyetel Imaging Inc • New York
AMENDMENT TO NOTE AND WARRANT PURCHASE AGREEMENT AND PROMISSORY NOTES (the “Amendment”), dated as of May 2, 2007, by and among EyeTel Imaging, Inc., a Delaware corporation (the “Company”), and the other parties hereto, amending (i) that certain Note and Warrant Purchase Agreement, dated as of December 28, 2006, by and among the Company and the persons and entities named on the Schedule of Purchasers attached thereto as amended from time to time (the “Purchase Agreement”), and (ii) the outstanding Notes thereunder. All capitalized terms used in this Amendment but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Purchase Agreement.
AMENDMENT TO LICENSE AGREEMENTLicense Agreement • May 4th, 2007 • Eyetel Imaging Inc • Maryland
This FOURTH AMENDMENT TO THE LICENSE AGREEMENT (this “Amendment”), is made effective as of May 2, 2007 by and between The Johns Hopkins University, a corporation of the State of Maryland, having a principal place of business at 3400 N. Charles Street, Baltimore, MD 21218-2695 (“JHU”), and EyeTel Imaging, Inc., a Delaware corporation (the “Company”) (each of JHU and the Company, a “Party”), having a principal place of business at 9130 Guilford Road, Columbia, MD 21046.
