REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 19th, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Illinois
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 17, 2010, by and between ENERGY FOCUS, INC., a Delaware corporation, (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
THIS COMMON STOCK PURCHASE WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF THE ACT, THE RULES AND REGULATIONS UNDER THE ACT, OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE...Common Stock Purchase Warrant • March 19th, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Lincoln Park Capital Fund, LLC (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 , 2010 [6 months from the Issuance Date] (the “Initial Exercise Date”) and on or prior to the close of business on the fifth anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from ENERGY FOCUS, INC., a Delaware corporation (the “Company”), up to 350,000 shares (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).
PURCHASE AGREEMENTPurchase Agreement • March 19th, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Illinois
PURCHASE AGREEMENT (the “Agreement”), dated as of March 17, 2010, by and between ENERGY FOCUS, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).
