WARRANT TO PURCHASE SHARES OF COMMON STOCK OF HEALTHETECH, INC. Dated as ofHealthetech Inc • March 29th, 2004 • Surgical & medical instruments & apparatus • Delaware
THIS CERTIFIES THAT, for value received, (the “Holder”) is entitled, subject to the terms and conditions set forth below, to purchase from HealtheTech, Inc., a Delaware corporation (the “Company”), up to ( ) shares of the Company’s Common Stock, $0.001 par value per share (the “Shares”), in the amounts and at the price per share set forth in Section 1 below, subject to the provisions and upon the terms and conditions set forth herein. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefore as provided herein.
Re: Change of Control Agreement Dear [ ]:Healthetech Inc • March 29th, 2004 • Surgical & medical instruments & apparatus
As we have discussed, HealtheTech, Inc. (the “Company”) has agreed to extend certain benefits to you in the event your employment with the Company is terminated within eighteen months of a “Change of Control” of the Company. This letter sets out the terms of our agreement (the “Letter”). Capitalized terms are defined on Exhibit A, attached.
