AMENDED AND RESTATED TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • February 26th, 2018 • Falconstor Software Inc • Services-prepackaged software
FALCONSTOR SOFTWARE, INC. WARRANTWarrant Agreement • February 26th, 2018 • Falconstor Software Inc • Services-prepackaged software • Delaware
FALCONSTOR SOFTWARE, INC., a Delaware corporation (the “Company”), hereby certifies that, for value received, HCP-FVA, LLC or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of 41,577,382 (subject to adjustment as provided herein) fully paid and non-assessable shares of common stock, $0.001 par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $0.001 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from time to time from and after the date hereof (the “Issuance Date”) and through and including February 23, 2028 (the “Expiration Date”), and subject to the following terms and conditions. This Warrant (this “Warrant”) is being issued pursuant to Section 12.1.19 of that certain Amended and Restated Term Loan Credit Agreement, dated as of February 23, 2018 (the “Loan Agreement”),
