FORM OF THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND IS NOT TRANSFERABLE EXCEPT AS PROVIDED HEREIN DayStar Technologies, Inc. PURCHASE WARRANT Issued to: PAULSON INVESTMENT COMPANY, INC. Exercisable to Purchase 100,000...Daystar Technologies Inc • November 7th, 2003 • Oregon
This is to certify that, for value received and subject to the terms and conditions set forth below, the Warrantholder (hereinafter defined) is entitled to purchase, and the Company promises and agrees to sell and issue to the Warrantholder, at any time on or after , 2004 and on or before , 2008, up to 100,000 Units (hereinafter defined) at the Exercise Price (hereinafter defined).
FORM OF WARRANT AGREEMENT between DayStar Technologies, Inc. andWarrant Agreement • November 7th, 2003 • Daystar Technologies Inc • California
This Agreement, dated as of , 2003, is between DayStar Technologies, Inc., a Delaware corporation (the “Company”) and , a , (the “Warrant Agent”).
1,150,000 Units DayStar Technologies, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • November 7th, 2003 • Daystar Technologies Inc • Oregon
DayStar Technologies, Inc., a Delaware corporation (the “Company”), proposes to sell to the several underwriters (the “Underwriters”) named in Schedule I hereto for whom you are acting as Representative (the “Representative”) an aggregate of 1,000,000 Units (the “Firm Units”) issued by the Company. Each Unit will consist of one share (“Share”) of the common stock, par value $0.01 of the Company (“Common Stock”) and one redeemable warrant (individually, a “Warrant” and, collectively, the “Warrants”) each to purchase one share of Common Stock. The Warrants are to be issued under the terms of a Warrant Agreement (the “Warrant Agreement”) by and between the Company and [ ], as warrant agent (the “Warrant Agent”), in each case substantially in the form most recently filed as an exhibit to the Registration Statement (hereinafter defined). The respective number of the Firm Units to be so purchased by the several Underwriters are set forth opposite their names in Schedule I hereto. The Company
Execution Copy INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENTIntellectual Property Assignment Agreement • November 7th, 2003 • Daystar Technologies Inc • Colorado
This Intellectual Property Assignment Agreement (this “Agreement”) is made and entered into this 8th day of December, 1998 (the “Effective Date”) by and between Dr. Eric D. Cole, an individual whose address is 14076 Winding Ridge Lane, Centerville, VA 20121 (“Cole”), and DayStar Technologies, Inc., a Delaware corporation whose address is 303 South Broadway, Denver, Colorado 80209 (the “Company”). Cole and DayStar are hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties.”
EMPLOYMENT AGREEMENTEmployment Agreement • November 7th, 2003 • Daystar Technologies Inc • California
THIS EMPLOYMENT AGREEMENT, dated as of October 31, 2003, is by and between DAYSTAR TECHNOLOGIES, INC., a Delaware corporation (“Employer”), and Peter Lynch, an individual (“Executive”).
DayStar Technologies, Inc. Subscription Agreement August 6, 2003 John R. Tuttle, Ph.D., President DayStar Technologies, Inc.Subscription Agreement • November 7th, 2003 • Daystar Technologies Inc
EMPLOYMENT AGREEMENTDevelopments and Nonsolicitation Agreement • November 7th, 2003 • Daystar Technologies Inc • California
THIS EMPLOYMENT AGREEMENT, dated as of October 21, 2003, is by and between DAYSTAR TECHNOLOGIES, INC., a Delaware corporation (“Employer”), and Stephen Aanderud, an individual (“Executive”).
DAYSTAR TECHNOLOGIES INC. EQUITY INCENTIVE PLAN RESTRICTED STOCK ISSUANCE AGREEMENTRestricted Stock Issuance Agreement • November 7th, 2003 • Daystar Technologies Inc • Delaware
AGREEMENT made as of this day of , 20 between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and , (the “Participant”) under the Company’s Equity Incentive Plan.
INDUSTRIAL REAL ESTATE LEASE (MULTI-TENANT FACILITY)Industrial Real Estate Lease • November 7th, 2003 • Daystar Technologies Inc
DAYSTAR TECHNOLOGIES, INC. AGREEMENT CONCERNING INDEMNIFICATION AND RELATED MATTERS (DIRECTORS) [date]Agreement • November 7th, 2003 • Daystar Technologies Inc • Delaware
This Agreement is made as of , 2003, by and between DayStar Technologies, Inc., a Delaware corporation (the “Corporation”), and (the “Director”), a director of the Corporation.
VOID AFTER 5 P.M. PACIFIC TIME ON , 2008 WARRANTS TO PURCHASE COMMON STOCKDaystar Technologies Inc • November 7th, 2003
This Warrant Certificate is subject to all of the terms, provisions and conditions of the Warrant Agreement, dated as of , 2003, between the Company and the Warrant Agent, to all of which terms, provisions and conditions the registered holder of this Warrant Certificate consents by acceptance hereof. The Warrant Agreement is incorporated
DAYSTAR TECHNOLOGIES, INC. AGREEMENT CONCERNING INDEMNIFICATION AND RELATED MATTERS (OFFICERS) [date]Agreement • November 7th, 2003 • Daystar Technologies Inc • Delaware
This Agreement is made as of , 2003, by and between DayStar Technologies, Inc., a Delaware corporation (the “Corporation”), and (the “Officer”), an executive officer of the Corporation.
