THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY OTHER SECURITIES LAWS AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR...Underwriters’ Warrant • July 23rd, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • New Jersey
This UNDERWRITERS’ WARRANT (this “Warrant”) of EyeTel Imaging, Inc., a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”), is being issued pursuant to that certain Underwriting Agreement, dated as of _________________, 2007 (the “Underwriting Agreement”), by and between the Company and Maxim Group LLC, the representative of the underwriters named therein (the “Representative”) relating to a firm commitment public offering (the “Offering”) of __________________ shares of common stock, $0.001 par value per share, of the Company (the “Common Stock”) underwritten by the Representative and the underwriters named in the Underwriting Agreement.
Shares of Common Stock EYETEL IMAGING, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 23rd, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • New York
The undersigned hereby authorizes the Company during the Lock-Up Period to cause any transfer agent for the Relevant Securities to decline to transfer, and to note stop transfer restrictions on the stock register and other records relating to, Relevant Securities for which the undersigned is the record holder and, in the case of Relevant Securities for which the undersigned is the beneficial but not the record holder, agrees during the Lock-Up Period to cause the record holder to cause the relevant transfer agent to decline to transfer, and to note stop transfer restrictions on the stock register and other records relating to, such Relevant Securities.
AMENDED AND RESTATED EXCLUSIVE LICENSE AGREEMENTExclusive License Agreement • July 23rd, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • 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”).
EYETEL IMAGING, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • July 23rd, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • Delaware
This Agreement is made as of _________, 2007, by and among EyeTel Imaging, Inc., a Delaware corporation (the “Corporation”) and ____________, an [executive officer] [director] of the Corporation (the “Indemnitee”).
STOCK OPTION AGREEMENT UNDER THE EYETEL IMAGING, INC.Stock Option Agreement • July 23rd, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • Delaware
AGREEMENT (the “Agreement”) is made as of the ____ day of _______, 20__, by and between EYETEL IMAGING, INC., a Delaware corporation (the “Company”), and _________________ ( the “Optionee”) pursuant to the EyeTel Imaging, Inc. 2007 Long-Term Incentive Plan (the “Plan”).
EYETEL IMAGING, INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • July 23rd, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • Delaware
AGREEMENT (the “Agreement”) made as of the ____ day of _______, 20__, by and between EYETEL IMAGING, INC., a Delaware corporation (the “Company”), and _________________ ( the “Executive”) pursuant to the EyeTel Imaging, Inc. 2007 Long-Term Incentive Plan (the “Plan”).
