COMMON STOCK PURCHASE WARRANT SUPERCONDUCTOR TECHNOLOGIES INC.Common Stock Purchase Warrant • July 30th, 2013 • Superconductor Technologies Inc • Radio & tv broadcasting & communications equipment • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after (the “Initial Exercise Date”) and on or prior to the close of business on , 2016 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Superconductor Technologies Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is issued by the Company as of the date hereof pursuant to Section 7(b) of the letter agreement, dated April 18, 2013, between the Company and Ladenburg Thalmann & Co., Inc.
SHARES OF COMMON STOCK; PRE-FUNDED WARRANTS AND WARRANTS OF SUPERCONDUCTOR TECHNOLOGIES INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 30th, 2013 • Superconductor Technologies Inc • Radio & tv broadcasting & communications equipment • New York
The undersigned, SUPERCONDUCTOR TECHNOLOGIES INC., a Delaware corporation (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of the SUPERCONDUCTOR TECHNOLOGIES INC., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for whom Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
