SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 24th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 23, 2013, between NewLead Holdings Ltd., a Bermuda corporation (the “Company”) and Dominion Capital L.L.C. (including its successors and assigns, “Purchaser”).
12% CONVERTIBLE DEBENTURE DUE 2014NewLead Holdings Ltd. • December 24th, 2013 • Deep sea foreign transportation of freight • New York
THIS 12% CONVERTIBLE DEBENTURE is one of a series of duly authorized and validly issued 12% Convertible Debentures of NewLead Holdings Ltd., a Bermuda corporation, (the “Company”), having its principal place of business at 83 Akti Miaouli & Flessa Str., Piraeus Greece 185 38, designated as its 12% Convertible Debenture due 2014 (this debenture, the “Debenture” and, collectively with the other debentures of such series, the “Debentures”).
COMMON STOCK PURCHASE WARRANTNewLead Holdings Ltd. • December 24th, 2013 • Deep sea foreign transportation of freight • New York
This Warrant has been issued pursuant to the terms of that certain Securities Purchase Agreement, dated as of December 23, 2013 (the “Purchase Agreement”), by and among the Company and Purchaser party thereto, including the Holder. Capitalized terms not defined herein shall have the meanings given to them in the Purchase Agreement. As used herein the following terms, unless the context otherwise requires, have the following respective meanings:
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 24th, 2013 • NewLead Holdings Ltd. • Deep sea foreign transportation of freight • New York
This Agreement is made pursuant to that certain Securities Purchase Agreement (the “Purchase Agreement”), dated as of the date hereof, between the Company and the Investors.
