BEACON POWER CORPORATION FORM OF WARRANT TO PURCHASE COMMON STOCKWarrant to Purchase Common Stock • October 26th, 2007 • Beacon Power Corp • Electric services • New York
Beacon Power Corporation, a Delaware corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, _____________________________, the registered holder hereof or its permitted assigns (the "Holder"), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon surrender of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the "Warrant"), at any time or times on or after six months and one day after the date hereof (the “Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), ______________ (_____________)1 fully paid nonassessable shares of Common Stock (as defined below) (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant shall have the m
SUBSCRIPTION AGREEMENTSubscription Agreement • October 26th, 2007 • Beacon Power Corp • Electric services • New York
Please confirm that the foregoing correctly sets forth the agreement between us by signing in the space provided below for that purpose.
AMENDMENT NO. 3 to RIGHTS AGREEMENT between BEACON POWER CORPORATION and COMPUTERSHARE TRUST COMPANY, N.A. (fka EQUISERVE TRUST COMPANY, N.A.) Dated as of October 24, 2007Rights Agreement • October 26th, 2007 • Beacon Power Corp • Electric services • Delaware
This AMENDMENT NO. 3, dated as of October 24, 2007 to Rights Agreement, dated as of September 25, 2002, is between Beacon Power Corporation, a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (fka Equiserve Trust Company, N.A.), as Rights Agent (the “Rights Agent”), as previously amended by Amendment No. 1 dated as of December 27, 2002 and Amendment No. 2 dated as of August 8, 2007 (as amended, the “Rights Agreement”). Capitalized terms used but not defined herein have the meanings ascribed to such terms in the Rights Agreement.
