SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 26th, 2009 • Akeena Solar, Inc. • Heating equipment, except electric & warm air furnaces • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 26, 2009, between Akeena Solar, 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”).
SERIES [E/F/G] COMMON STOCK PURCHASE WARRANT AKEENA SOLAR, INC.Common Stock Purchase Warrant • February 26th, 2009 • Akeena Solar, Inc. • Heating equipment, except electric & warm air furnaces
THIS SERIES [E/F/G] COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after _____1 (the “Initial Exercise Date”) and on or prior to the close of business on the _____2 anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Akeena Solar, Inc., a Delaware corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock [Series F ONLY: provided, however, to the extent that any shares of Common Stock are issued pursuant to the Preferred Stock issued to the original Holder, the number of Warrant Shares issuable and not exercised hereunder shall be reduced on a one for one basis to zero for any such issuances of conversions pursuant to the Preferred Stock.] The purchase price of one share of Common Stock under this
