REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 28th, 2006 • Sequenom Inc • Services-commercial physical & biological research • New York
This Registration Rights Agreement (this “Agreement”), dated _______ __, 2006, is entered into by and between SEQUENOM, INC., a Delaware corporation (the “Company”), COMVEST INVESTMENT PARTNERS II LLC, a Delaware limited liability company (“ComVest”), LB I GROUP INC., a Delaware corporation (“LBIG”) and PEQUOT PRIVATE EQUITY FUND IV, L.P., a Delaware limited partnership, (“Pequot”) (“Pequot” collectively with ComVest and LBIG, the “Purchasers”), as a material inducement for the Purchasers to purchase (i) an aggregate of 54,545,454 shares (the “Common Shares”) of Common Stock, par value $0.001 per share (the “Common Stock”), and (ii) warrants (the “Warrants”) to purchase an aggregate of 32,727,272 shares of Common Stock, in accordance with the terms of that certain Securities Purchase Agreement, dated as of March 27, 2006 (the “Purchase Agreement”).1 All capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Purchase Agreement.
WARRANT TO PURCHASE COMMON STOCK OF SEQUENOM, INC.Warrant Agreement • March 28th, 2006 • Sequenom Inc • Services-commercial physical & biological research • New York
THIS WARRANT IS MADE AND DELIVERED PURSUANT TO A CERTAIN SECURITIES PURCHASE AGREEMENT, DATED AS OF MARCH 27, 2006, AND SUBJECT TO THE TERMS AND CONDITIONS THEREOF.
