AMENDMENT TO SECURITY AGREEMENT AND RELATED DOCUMENTSSecurity Agreement • September 14th, 2004 • Transgenomic Inc • Laboratory analytical instruments • New York
This AMENDMENT (this “Amendment”) is entered into by and between TRANSGENOMIC, INC., a Delaware corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”) as of August 31, 2004, for the purpose of further amending the terms of (i) the Security Agreement, dated December 3, 2003 and previously amended on February 20 and April 15, 2004, by and between the Company and Laurus (the ”Security Agreement”), (ii) the Secured Convertible Minimum Borrowing Note Series B, dated December 3, 2003 and previously amended on April 15, 2004 (the ”Minimum Borrowing Note”) issued by the Company pursuant to the Security Agreement, (iii) the Secured Revolving Note, dated December 3, 2003 and previously amended on April 15, 2004 (the ”Revolving Note”) issued by the Company pursuant to the Security Agreement, (iv) the Registration Rights Agreement by and between the Company and Laurus, dated December 3, 2003 and previously amended on February 20, 2004 (the ”Registration Righ
AMENDMENT TO SECURITIES PURCHASE AGREEMENT AND RELATED DOCUMENTSSecurities Purchase Agreement • September 14th, 2004 • Transgenomic Inc • Laboratory analytical instruments • New York
This AMENDMENT (this “Amendment”) is entered into by and between TRANSGENOMIC, INC., a Delaware corporation (the “Company”), and LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”) as of August 31, 2004, for the purpose of further amending the terms of (i) the Securities Purchase Agreement, dated February 19, 2004 and previously amended on April 15, 2004, by and between the Company and Laurus (the ”Securities Purchase Agreement”), the Secured Convertible Term Note, dated February 19, 2004 and previously amended on April 15, 2004 (the ”Term Note”) issued by the Company pursuant to the Securities Purchase Agreement, and the Registration Rights Agreement, dated February 19, 2004 (the ”Registration Rights Agreement”) (collectively, the ”Term Loan Documents”). Capitalized terms used herein without definition shall have the meanings ascribed to such terms in the Securities Purchase Agreement.
ContractWarrant Agreement • September 14th, 2004 • Transgenomic Inc • Laboratory analytical instruments • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT UNDER SAID ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO TRANSGENOMIC, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
