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 210,000...Purchase Warrant • February 2nd, 2004 • Daystar Technologies Inc • Semiconductors & related devices • 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 , 2005 and on or before , 2009, up to 210,000 Units (hereinafter defined) at the Exercise Price (hereinafter defined).
Form of 2,100,000 Units DayStar Technologies, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • February 2nd, 2004 • Daystar Technologies Inc • Semiconductors & related devices • 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 2,100,000 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”), one redeemable Class A Warrant and two non-redeemable Class B Warrants (the Class A Warrants and Class B Warrants are referred to herein individually as a “Warrant” and collectively as 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 U.S. Stock Transfer Corporation, 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 respectiv
FORM OF WARRANT AGREEMENT between DayStar Technologies, Inc. and Dated as of , 2004Warrant Agreement • February 2nd, 2004 • Daystar Technologies Inc • Semiconductors & related devices • California
This Agreement, dated as of , 2004, is between DayStar Technologies, Inc., a Delaware corporation (the “Company”) and U.S. Stock Transfer Corporation, a corporation, (the “Warrant Agent”).
