SECURITIES ESCROW AGREEMENTSecurities Escrow Agreement • April 6th, 2010 • Sunway Global Inc. • Construction, mining & materials handling machinery & equip • New York
THIS SECURITIES ESCROW AGREEMENT (the “Agreement”), dated as of April 5, 2010, is entered into by and among Sunway Global, Inc., a Nevada corporation (the “Company”), certain holders of the Company’s warrants as listed on Schedule A of the Securities Exchange Agreement (individually, the “Holder” or collectively the “Holders”), Vision Opportunity Master Fund, Ltd. a Cayman Islands corporation, as representative of the Holders (the “Holder Representative”), each entity listed on Schedule A hereto (collectively, the “Principal Shareholders”), and Sichenzia Ross Friedman Ference LLP, with an address at 61 Broadway New York, New York 10006 (the “Escrow Agent”). Capitalized terms used but not defined herein shall have the meanings set forth in the Purchase Agreement (as defined below).
SECURITIES EXCHANGE AGREEMENTSecurities Exchange Agreement • April 6th, 2010 • Sunway Global Inc. • Construction, mining & materials handling machinery & equip • New York
This Securities Exchange Agreement (this “Agreement”) is dated as of March 18, 2010, between among Sunway Global, Inc., a Nevada corporation (the “Company”), and each security holder identified on the signature pages hereto (each, including its successors and assigns, a “Holder” and collectively, the “Holders”).
