ContractCommon Stock Purchase Warrant • August 4th, 2008 • Blue Holdings, Inc. • Apparel & other finishd prods of fabrics & similar matl
THIS AMENDED AND RESTATED COMMON STOCK PURCHASE WARRANT AMENDS AND RESTATES THE COMMON STOCK PURCHASE WARRANT ORIGINALLY ISSUED PURSUANT TO THE SECURITIES PURCHASE AGREEMENT, DATED AS OF MARCH 5, 2008, BY AND BETWEEN BLUE HOLDINGS, INC., A NEVADA CORPORATION, AND THE PURCHASER NAMED THEREIN.
AMENDMENT AGREEMENTAmendment Agreement • August 4th, 2008 • Blue Holdings, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
This Amendment Agreement (this “Agreement”), dated as of July 30, 2008, is entered into by and among BLUE HOLDINGS, INC., a Nevada corporation (the “Company”), ANTIK DENIM, LLC, a California limited liability company and wholly-owned subsidiary of the Company (“Antik”), TAVERNITI SO JEANS, LLC, a California limited liability company and wholly-owned subsidiary of the Company (together with Antik, the “Guarantors”, and each individually, a “Guarantor”), GEMINI STRATEGIES, LLC, a Delaware limited liability company (the “Collateral Agent”), and GEMINI MASTER FUND, LTD., a Cayman Islands corporation (the “Investor”). The Company and the Guarantors are sometimes referred to herein individually as a “Blue Entity” and collectively as the “Blue Entities”.
Contract8% Senior Secured Convertible Note • August 4th, 2008 • Blue Holdings, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
THIS AMENDED AND RESTATED 8% SENIOR SECURED CONVERTIBLE NOTE AMENDS AND RESTATES THE 8% SENIOR SECURED CONVERTIBLE NOTE ORIGINALLY ISSUED PURSUANT TO THE SECURITIES PURCHASE AGREEMENT, DATED AS OF MARCH 5, 2008, BY AND BETWEEN BLUE HOLDINGS, INC., A NEVADA CORPORATION, AND THE PURCHASER NAMED THEREIN.
