SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 22nd, 2008 • Enable Holdings, Inc. • Retail-catalog & mail-order houses • Illinois
This Securities Purchase Agreement (this “Agreement”) is dated as of October 16, 2008 between Enable Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
ENABLE HOLDINGS, INC. CLASS A COMMON STOCK PURCHASE WARRANTSecurity Agreement • October 22nd, 2008 • Enable Holdings, Inc. • Retail-catalog & mail-order houses
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ______________ (the “Holder”) is entitled, upon the terms and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the date hereof (the “Termination Date”) but not thereafter, to subscribe for and purchase Enable Holdings, Inc., a Delaware corporation (the “Company”), up to ___________ shares (the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITY AGREEMENTSecurity Agreement • October 22nd, 2008 • Enable Holdings, Inc. • Retail-catalog & mail-order houses • Illinois
This SECURITY AGREEMENT, dated as of October 16, 2008 (this “Agreement”), is among Enable Holdings, Inc., a Delaware corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors ” and together with the Company, the “Debtors”) and the holders of the Company’s 18% Senior Secured Debentures due January 16, 2009 and issued on October 16, 2008 in the original aggregate Principal Amount of up to $4,000,000 (collectively, the “Debentures”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
