CROSSROADS SYSTEMS, INC. COMMON STOCK PURCHASE WARRANT To Purchase ______ Shares of Common StockWarrant Agreement • January 30th, 2015 • Crossroads Systems Inc • Computer peripheral equipment, nec • Delaware
THIS CERTIFIES THAT, for value received, _________________, or permitted registered assigns (the “Holder”), is entitled to subscribe for and purchase at the Exercise Price (defined below) from Crossroads Systems, Inc., a Delaware corporation (the “Company”), up to ______________ shares of the common stock of the Company, par value $0.001 per share (the “Common Stock”). This warrant is one of a series of warrants issued by the Company as of the date hereof (individually, a “Warrant”, and collectively, “Company Warrants”) pursuant to that certain Unit Subscription Agreement between the Company and the investors signatory thereto, dated on or about January 27, 2015 (the “Subscription Agreement”) and Placement Agency Agreement between the Company and the parties signatory thereto, dated as of January 27, 2015 (the “Placement Agency Agreement”). Holder acknowledges that this Warrant is one of series of warrants of like tenor being issued pursuant to the Placement Agency Agreement.
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 30th, 2015 • Crossroads Systems Inc • Computer peripheral equipment, nec • New York
Crossroads Systems, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (“Roth”) and Northland Securities, Inc. (“Northland” and collectively with Roth, the “Agents”), up to 3,071,739 units (the “Units”) each consisting of one share (collectively, the “Shares”) of the Company’s common stock, par value $0.001 per share (“Common Stock”), and one warrant (collectively, the “Warrants”) to purchase 1,535,870 shares of Common Stock directly to various investors (the “Investors”). The Units, the Shares, the Warrants and the shares of Common Stock issuable upon exercise of the Warrants (the “Warrant Shares”) are herein collectively called the “Securities”.
UNIT SUBSCRIPTION AGREEMENTUnit Subscription Agreement • January 30th, 2015 • Crossroads Systems Inc • Computer peripheral equipment, nec • New York
Please confirm that the foregoing correctly sets forth the agreement between us by signing in the space provided below for that purpose.
