Underwriting AgreementUnderwriting Agreement • October 1st, 2007 • Daystar Technologies Inc • Semiconductors & related devices • New York
DayStar Technologies, Inc., proposes to sell to the several underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representative”), 15,000,000 shares of common stock, par value $0.01 per share (“Common Stock”), of DayStar Technologies, Inc., a Delaware corporation (the “Company”) (said shares hereinafter called the “Underwritten Securities”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 2,250,000 shares of Common Stock to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the term Underwriters shall mean either the singular or plural as the context requires. Certain terms used herein are
DAYSTAR TECHNOLOGIES INC. EQUITY INCENTIVE PLAN RESTRICTED STOCK ISSUANCE AGREEMENTRestricted Stock Issuance Agreement • October 1st, 2007 • Daystar Technologies Inc • Semiconductors & related devices • Delaware
AGREEMENT made as of this __th day of ________, 200_ between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and _____________, (the “Participant”) under the Company’s 2006 Equity Incentive Plan (the “Plan”).
