WARRANT TO PURCHASE COMMON STOCK OF EYETEL IMAGING, INC.Eyetel Imaging Inc • June 14th, 2007 • Surgical & medical instruments & apparatus • 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.
April 24, 2006Eyetel Imaging Inc • June 14th, 2007 • Surgical & medical instruments & apparatus
EYETEL IMAGING, INC. FORM OF WARRANT TO PURCHASE PREFERRED STOCKEyetel Imaging Inc • June 14th, 2007 • Surgical & medical instruments & apparatus • New York
THIS CERTIFIES THAT, for value received, ___________________________________, with its principal office at ____________________________________, or assigns (the “Holder”), is entitled to subscribe for and purchase from EYETEL IMAGING, INC., a Delaware corporation, with its principal office at 9130 Guilford Road, Columbia, MD 21046 (the “Company”) the Exercise Shares at the Exercise Price (each subject to adjustment as provided herein). This Warrant is being issued as one of a series of warrants (the “Warrants”) pursuant to the terms of the Note and Warrant Purchase Agreement, dated December 28, 2006 by and among the Company and the Purchasers therewith (the “Purchase Agreement”). Unless indicated otherwise, the aggregate number of Exercise Shares that Holder may purchase by exercising this warrant is equal to the quotient of (A) the product of (i) thirty percent (30%) multiplied by (ii) such Holder’s Loan Amount in the applicable Closing (as defined in the Purchase Agreement), divided
