COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • November 14th, 2007 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • Massachusetts
THIS CERTIFIES THAT, for value received, NeuroMetrix, Inc. ("Holder"), is entitled, subject to the terms and conditions of this Common Stock Purchase Warrant (this "Warrant"), at any time or from time to time after the date hereof (the "Effective Date"), to purchase up to Two Million Seven Hundred Seventeen Thousand Three Hundred Ninety-One (2,717,391) shares (the "Warrant Shares") of Common Stock (as defined below), from Cyberkinetics Neurotechnology Systems, Inc., a Delaware corporation (the "Company"), at an exercise price per share equal to $.46 (the "Purchase Price). This Warrant shall expire at 5:00 p.m. Eastern Time on that date which is sixty (60) months from the date of this Warrant (the "Expiration Date"). Both the number of shares of Common Stock purchasable upon exercise of this Warrant and the Purchase Price are subject to adjustment and change as provided herein. This Warrant is issued in connection with that certain Joint Venture and Strategic Investment Agreement (the "
JOINT VENTURE AND STRATEGIC INVESTMENT AGREEMENTJoint Venture and Strategic Investment Agreement • November 14th, 2007 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • Massachusetts
This Joint Venture and Strategic Investment Agreement ("Agreement") is made and entered into this 13th day of November, 2007 (the "Effective Date"), by and between Cyberkinetics Neurotechnology Systems, Inc., a Delaware corporation with its principal offices at 100 Foxborough Blvd., Foxborough MA 02035 ("CYKN") and NEUROMetrix, Inc., a Delaware corporation with its principal offices at 62 Fourth Avenue, Waltham, MA 02451("NURO").
Registration Rights Agreement by and among Cyberkinetics Neurotechnology Systems, Inc. and NeuroMetrix, Inc. Dated as of November 13, 2007Registration Rights Agreement • November 14th, 2007 • Cyberkinetics Neurotechnology Systems, Inc. • Surgical & medical instruments & apparatus • Massachusetts
THIS REGISTRATION RIGHTS AGREEMENT ("Agreement") dated as of November 13, 2007 is made and entered into by and among CYBERKINETICS NEUROTECHNOLOGY SYSTEMS, INC., a Delaware corporation (together with its successors and assigns, the "Company") and NEUROMETRIX, INC., a Delaware corporation (the "Holder").
