INVESTMENT AGREEMENTInvestment Agreement • April 14th, 2004 • Next Inc/Tn • Services-personal services • Massachusetts
INVESTMENT AGREEMENT (this “AGREEMENT”), dated as of March 10, 2004 by and between NEXT, Inc., a Delaware corporation (the “Company”), and Dutchess Private Equities Fund, L.P., a Delaware limited partnership (the “Investor”).
SUBSCRIPTION AND SECURITIES PURCHASE AGREEMENT dated as of April 8, 2004 by and between NEXT, INC. as the Issuer, and GCA Strategic Investment Fund CLOSING DATE: APRIL 8, 2004Subscription and Securities Purchase Agreement • April 14th, 2004 • Next Inc/Tn • Services-personal services • Delaware
AGREEMENT, dated as of April 8, 2004, among Next, Inc., a Delaware corporation (the “Company”), and GCA Strategic Investment Fund Limited (the “Purchaser”).
ContractCommon Stock Purchase Warrant • April 14th, 2004 • Next Inc/Tn • Services-personal services • Delaware
THIS COMMON STOCK PURCHASE WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”). THE HOLDER HEREOF, BY PURCHASING THIS COMMON STOCK PURCHASE WARRANT, AGREES FOR THE BENEFIT OF THE COMPANY THAT SUCH SECURITIES MAY BE OFFERED, SOLD OR OTHERWISE TRANSFERRED ONLY (A) TO THE COMPANY, (B) PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT, OR (C) IF REGISTERED UNDER THE SECURITIES ACT AND ANY APPLICABLE STATE SECURITIES LAWS. IN ADDITION, A SECURITIES PURCHASE AGREEMENT (“PURCHASE AGREEMENT”), DATED THE DATE HEREOF, A COPY OF WHICH MAY BE OBTAINED FROM THE COMPANY AT ITS PRINCIPAL EXECUTIVE OFFICE, CONTAINS CERTAIN ADDITIONAL AGREEMENTS AMONG THE PARTIES, INCLUDING, WITHOUT LIMITATION, PROVISIONS WHICH LIMIT THE EXERCISE RIGHTS OF THE HOLDER AND SPECIFY MANDATORY REDEMPTION OBLIGATIONS OF THE COMPANY.
