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...Warrant Agreement • September 18th, 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 Stanford Group Company, 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 • September 18th, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • New York
The undersigned hereby further agrees that, without the prior written consent of the Representative during the Lock-Up Period, the undersigned will not: (x) file or participate in the filing with the Securities and Exchange Commission of any registration statement, or circulate or participate in the circulation of any preliminary or final prospectus or other disclosure document with respect to any proposed offering or sale of a Relevant Security and (y) exercise any rights the undersigned may have to require registration with the Securities and Exchange Commission of any proposed offering or sale of a Relevant Security.
Eyetel Imaging, Inc.Registration Rights Agreement Side Letter • September 18th, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus
EYETEL IMAGING, INC. AMENDMENT NO. 3 TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • September 18th, 2007 • Eyetel Imaging Inc • Surgical & medical instruments & apparatus • New York
AMENDMENT NO. 3 TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Amendment”), dated as of September 5, 2007, by and among EyeTel Imaging, Inc., a Delaware corporation (the “Company”), and the other persons and entities listed on the signature pages hereto (the “Existing Investors”), amending that certain Amended and Restated Investor Rights Agreement, dated as of January 14, 2004, as previously amended on February 8, 2006 and May 1, 2007 (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.
