MOTRICITY, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • May 14th, 2010 • Motricity Inc • Services-business services, nec • North Carolina
This certifies that, for the agreed upon value of $1.00 and for other good and valuable consideration, Silicon Valley Bank (“Bank”) or its permitted registered assigns (either, the “Registered Holder”), is entitled, subject to the terms and conditions of this Warrant, to purchase from MOTRICITY, INC., a Delaware corporation (the “Company”), at any time after the date of this Warrant and prior to the Expiration Date (as defined below), up to 300,000 shares (subject to adjustment as hereinafter set forth) of the common stock, $0.001 par value per share (the “Common Stock”), of the Company, at a purchase price of Two Dollars and Fifteen Cents ($2.15) per share (as adjusted as hereinafter set forth, the “Purchase Price”), upon the terms and conditions set forth below.
PINPOINT NETWORKS, INC. STOCK PURCHASE WARRANTStock Purchase Warrant • May 14th, 2010 • Motricity Inc • Services-business services, nec • North Carolina
This certifies that, for the agreed upon value of $1.00 and in consideration for that certain Third Loan Modification Agreement, made as of March 26, 2002 (the “Loan Agreement”), and for other good and valuable consideration, SILICON VALLEY BANK or its permitted registered assigns (either, the “Registered Holder”), is entitled, subject to the terms and conditions of this Warrant, to purchase from PINPOINT NETWORKS, INC., a Delaware corporation (the “Company”), at any time after the date of this Warrant and prior to the Expiration Date (as defined below), 70,000 shares of the Company’s Series B Preferred Stock, $0.001 par value per share (the “Warrant Stock”), at a purchase price equal to $0.491855118 per share (as adjusted as hereinafter set forth, the “Purchase Price”), upon the terms and conditions set forth below.
MOTRICITY, INC. COMMON STOCK PURCHASE WARRANTWarrant Agreement • May 14th, 2010 • Motricity Inc • Services-business services, nec • North Carolina
This certifies that, for the agreed upon value of $1.00 and for other good and valuable consideration, EASTWARD CAPITAL PARTNERS IV, L.P. or its permitted registered assigns (either, the “Registered Holder”), is entitled, subject to the terms and conditions of this Warrant, to purchase from MOTRICITY, INC., a Delaware corporation (the “Company”), at any time after the date of this Warrant and prior to the Expiration Date (as defined below), up to [ ] shares (subject to adjustment as hereinafter set forth) of the common stock, $0.001 par value per share (the “Common Stock”), of the Company, at a purchase price of Two Dollars and Five Cents ($2.05) per share (as adjusted as hereinafter set forth, the “Purchase Price”), upon the terms and conditions set forth below.
PINPOINT.COM, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • May 14th, 2010 • Motricity Inc • Services-business services, nec • North Carolina
This certifies that, for the agreed upon value of $1.00 and for other good and valuable consideration, SILICON VALLEY BANK or its permitted registered assigns (either, the “Registered Holder”), is entitled, subject to the terms and conditions of this Warrant, to purchase from PINPOINT.COM, INC., a Delaware corporation (the “Company”), at any time after the date of this Warrant and prior to the Expiration Date (as defined below), up to 25,000 shares (subject to adjustment as hereinafter set forth) of the common stock, $0.001 par value per share (the “Common Stock”), of the Company, at a purchase price of Twenty-Five Cents ($0.25) per share (as adjusted as hereinafter set forth, the “Purchase Price”), upon the terms and conditions set forth below.
Amendment No. 1 and Waiver to the Amended and Restated Registration Rights AgreementRegistration Rights Agreement • May 14th, 2010 • Motricity Inc • Services-business services, nec
This Amendment No. 1 and Waiver, dated April 13, 2010, amends the Amended and Restated Registration Rights Agreement dated as of October 15, 2007, (the “Original Rights Agreement”) by and among Motricity, Inc., a Delaware corporation (the “Company”), the Persons listed on Schedule A attached thereto, and made a part hereof, the Persons listed on Schedule B thereto and made a part hereof, the Persons listed on Schedule C attached thereto and made a part hereof, M7 Networks Inc., a Delaware corporation, Ryan K. Wuerch and Judson S. Bowman. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Original Rights Agreement.
MOTRICITY, INC. [ ] PREFERRED STOCK PURCHASE WARRANTWarrant Agreement • May 14th, 2010 • Motricity Inc • Services-business services, nec • Delaware
This certifies that, for the agreed upon value of $1.00 and for other good and valuable consideration, [ ] or its permitted registered assigns (either, the “Registered Holder”), is entitled, subject to the terms and conditions of this Warrant, to purchase from MOTRICITY, INC., a Delaware corporation (the “Company”), at any time after the date of this Warrant and prior to the Expiration Date (as defined below), up to [ ] shares (subject to adjustment as hereinafter set forth) of the [ ] Preferred Stock, $0.001 par value per share (the “Preferred Stock”), of the Company, at a purchase price of [ ] per share (as adjusted as hereinafter set forth, the “Purchase Price”), upon the terms and conditions set forth below.
