AMENDED AND RESTATED EXCHANGE AGREEMENTExchange Agreement • November 3rd, 2016 • Great Basin Scientific, Inc. • Surgical & medical instruments & apparatus • New York
WHEREAS, reference is hereby made to (a) that certain Securities Purchase Agreement, dated December 28, 2015, by and among the Company, the Investor and certain other buyers signatory thereto (the “2015 SPA”), pursuant to which the Investor and such other buyers acquired (i) senior secured convertible notes issued pursuant to the 2015 SPA (the “2015 Notes”) and (ii) warrants to acquire shares of the Company's common stock, par value $0.0001 per share (the ”Common Stock”) issued pursuant to the 2015 SPA (the “2015 Warrants”), (b) that certain Securities Purchase Agreement, dated June 29, 2016, by and among the Company, the Investor and certain other buyers signatory thereto (the “2016 SPA” and together with the 2015 SPA, each, an “SPA” and collectively, the “SPAs”), pursuant to which the Investor and such other buyers acquired (i) senior secured convertible notes issued pursuant to the 2016 SPA (the “2016 Notes”) and (ii) warrants to acquire shares of Common Stock issued pursuant to the
AMENDMENT AGREEMENT NO. 4 TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 3rd, 2016 • Great Basin Scientific, Inc. • Surgical & medical instruments & apparatus • New York
This Fourth Amendment Agreement (this “Fourth Amendment Agreement”) is entered into as of November 2, 2016, by and between Great Basin Scientific, Inc., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”) which is one of the investors listed on the Schedule of Buyers (“Schedule of Buyers”) attached to that certain Securities Purchase Agreement between the Company and all of the investors listed on the Schedule of Buyers (the “Buyers”) dated December 28, 2015 (the “SPA”) with reference to the following facts:
