xG TECHNOLOGY, INC. Warrant To Purchase Common StockWarrant Agreement • February 12th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
xG Technology, Inc., a Delaware corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [Buyer], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after ____________ (the “Initial Exercisability Date”), but not after 5:30 p.m., New York time, on the Expiration Date (as defined below), (subject to adjustment as provided herein) __________ fully paid and non-assessable shares of Common Stock (as defined below) (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Secti
XG TECHNOLOGY, INC. [__] Units, Each Unit Consisting of One Share of Series B Convertible Preferred Stock andPlacement Agency Agreement • February 12th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
ESCROW DEPOSIT AGREEMENTEscrow Deposit Agreement • February 12th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
This ESCROW DEPOSIT AGREEMENT (this “Agreement”) dated as of this [__] day of February 2016, by and among xG Technology, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), having an address at 240 S. Pineapple Avenue, Suite 701, Sarasota, FL, 34236, and Roth Capital Partners, LLC, (the “Placement Agent”), having an address at 888 San Clemente Drive, Newport Beach, CA, 92660, and [__] (the “Escrow Agent”), a New York State chartered bank, having an office at [__]. All capitalized terms not herein defined shall have the meaning ascribed to them in that certain Prospectus, dated February [__], 2016, including all attachments, schedules and exhibits thereto (the “Prospectus”).
Form of Subscription AgreementSubscription Agreement • February 12th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec
This subscription (this “Subscription”) is dated February ___, 2016, by and between the investor identified on the signature page hereto (the “Investor”) and xG Technology, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), whereby the parties agree as follows:
