SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of April 12, 2016, between xG Technology, Inc. (the “Company”) and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
5% SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE January 12, 2017Convertible Security Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
THIS 5% SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is one of a series of duly authorized and validly issued 5% Senior Secured Convertible Promissory Notes of xG Technology, Inc. (the “Company”), having its principal place of business at 240 S. Pineapple Avenue, Suite 701, Sarasota, FL, 34236, designated as its 5% Senior Secured Convertible Promissory Note due January 12, 2017 (the “Note” and, collectively with the other Notes of such series, the “Notes”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
SECURITY AGREEMENTSecurity Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
This SECURITY AGREEMENT, dated as of April 12, 2016 (this “Agreement”), is among xG Technology, Inc. (the “Company”), all of the Subsidiaries of the Company, which Subsidiaries are set forth on Schedule 1 hereto the Subsidiaries, and together with the Company, collectively the “Debtors”) and the holders of the Company’s 5% Senior Secured Convertible Promissory Notes in the original aggregate principal amount of $500,000 due on January 12, 2017 (collectively, the “Notes”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
asset purchase modification agreementAsset Purchase Modification Agreement • April 18th, 2016 • xG TECHNOLOGY, INC. • Communications equipment, nec • New York
WHEREAS, under the terms of the APA, Borrower issued and delivered to Holder the Initial Payment Note (the “IPN”), dated 29th January 2016, pursuant to which Borrower unconditionally agreed and promised to pay to the order of Holder, in lawful money of the United States of America, the principal sum of ONE MILLION FIVE HUNDRED THOUSAND ($1,500,000) DOLLARS (the “IPN Principal Indebtedness”), together with interest on the outstanding IPN Principal Indebtedness, at the Interest Rate of six (6%) percent per annum, on or before March 31, 2016 (the “IPN Maturity Date”), and
