SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 16th, 2013 • Vuzix Corp • Radio & tv broadcasting & communications equipment • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 15, 2013, between Vuzix Corporation, 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”).
COMMON STOCK PURCHASE WARRANT vuzix corporationVuzix Corp • July 16th, 2013 • Radio & tv broadcasting & communications equipment
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Hillair Capital Investments L.P. or its assigns (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 July 15, 2013 (the “Initial Exercise Date”) and on or prior to the close of business on March 21, 2018 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Vuzix Corporation, a Delaware corporation (the “Company”), up to 38,168 shares (as subject to adjustment hereunder, 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).
16% SENIOR SECURED CONVERTIBLE DEBENTURE DUE mARCH 21, 2018Vuzix Corp • July 16th, 2013 • Radio & tv broadcasting & communications equipment • New York
THIS 16% SENIOR SECURED CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 16% Senior Secured Convertible Debentures of Vuzix Corporation, a Delaware corporation (the “Company”), having its principal place of business at 2166 Brighton-Henrietta Townline Road, Rochester, New York 14623, designated as its 16% Senior Secured Convertible Debenture due March 21, 2018 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).
