ContractSecurities Agreement • August 24th, 2006 • Tut Systems Inc • Telephone & telegraph apparatus
NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THESE SECURITIES AND THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 24th, 2006 • Tut Systems Inc • Telephone & telegraph apparatus • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of August 22, 2006, by and among Tut Systems, Inc., a Delaware corporation (the “Company”), and the investors signatory hereto (each a “Investor” and collectively, the “Investors”).
PURCHASE AGREEMENTPurchase Agreement • August 24th, 2006 • Tut Systems Inc • Telephone & telegraph apparatus • New York
This Purchase Agreement (this “Agreement”) is dated as of August 22, 2006, among Tut Systems, Inc., a Delaware corporation (the “Company”), and the investors identified on the signature pages hereto (each an “Investor” and, collectively, the “Investors”).
TUT SYSTEMS, INC. 8% CONVERTIBLE SENIOR SUBORDINATED PROMISSORY NOTE DUE AUGUST 22, 2009Securities Purchase Agreement • August 24th, 2006 • Tut Systems Inc • Telephone & telegraph apparatus
THIS NOTE is one of a series of duly authorized and issued notes of Tut Systems, Inc., a Delaware corporation (the “Company”), designated as its 8% Convertible Subordinated Promissory Notes due August 22, 2009 in the original aggregate principal amount of Seven Million dollars ($7,000,000) (collectively, the “Notes” and each Note comprising the Notes, a “Note”).
