DAYSTAR TECHNOLOGIES, INC. VOID AFTER 5:00 P.M. PST ON April 28, 2017 Warrant to Purchase 2,166,667 Shares of Common Stock Dated April 29, 2010 WARRANT FOR THE PURCHASE OF SHARES OF COMMON STOCKDaystar Technologies Inc • May 5th, 2010 • Semiconductors & related devices • New York
THIS CERTIFIES THAT, FOR VALUE RECEIVED, Dynamic Worldwide Solar Energy, LLC, or its registered assign(s) (the “Holder”), is entitled to purchase from Daystar Technologies, Inc., a Delaware corporation (the “Company”), subject to the terms and conditions set forth in this Warrant, up to 2,166,667 fully paid and nonassessable shares of common stock (“Common Stock”), of the Company, at any time commencing on the date hereof (the “Commencement Date”) and expiring at 5:00 p.m. PST, on April 28, 2017 (the “Expiration Date”). The price for each share of Common Stock purchased hereunder (as adjusted as set forth herein, collectively the “Warrant Shares”) is $0.70 per share until expiration of this Warrant (as adjusted as set forth herein, the “Purchase Price”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 5th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of the 29th day of April 2010, between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and the entity listed on Schedule I (the “Purchaser”). The Company and the Purchaser are sometimes referred to individually as a “Party” and collectively as the “Parties”.
SECURITY AGREEMENTSecurity Agreement • May 5th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
This Security Agreement (this “Security Agreement”) is made effective as of April 29, 2010 (“Effective Date”), by and between DayStar Technologies, Inc., a Delaware corporation (“Debtor”), and Dynamic Worldwide Solar Energy, LLC (“Secured Party”), with reference to the essential facts stated in the Recitals below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • May 5th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
THIS INTERCREDITOR AGREEMENT (this “Agreement”) dated as of the 29th day of April, 2010, is made by and among TD Waterhouse RRSP Account 230832S, in trust for Peter Alan Lacey as beneficiary, a corporation (“Lender 1”), Peter A. Lacey, an individual (“Lender 2”“), Michael Moretti, an individual (“Lender 3”), Tejas Securities Group, Inc 401k Plan and Trust, FBO John J. Gorman, John J. Gorman TTEE, a trust (“Lender 4”), William S. Steckel, an individual (“Lender 5”),and Dynamic Worldwide Solar Energy, LLC a Delaware Limited Liability Company (“Lender 6”), (Lender 1, Lender 2 Lender 3, Lender 4, Lender 5, and Lender 6 are sometimes referred to herein as the “Lenders”).
PURCHASE AGREEMENTPurchase Agreement • May 5th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
THIS PURCHASE AGREEMENT (the “Agreement”) is made as of the 29th day of April 2010 (the “Effective Date”) between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and Dynamic Worldwide Solar Energy, LLC, a Delaware limited liability company (the “Purchaser”). The Company and the Purchaser are sometimes referred to individually as a “Party” and collectively as the “Parties.”
DYNAMIC WORLDWIDE SOLAR ENERGY, LLCDaystar Technologies Inc • May 5th, 2010 • Semiconductors & related devices
