NEITHER THIS WARRANT NOR ANY OF THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY STATE SECURITIES LAW. THE WARRANTS REPRESENTED BY THIS CERTIFICATE AND THE SECURITIES...Skyterra Communications Inc • December 18th, 2007 • Communications services, nec • New York
THIS IS TO CERTIFY THAT ______________, or its registered assigns, is entitled, at any time prior to the Expiration Date (such term, and certain other capitalized terms used herein being hereinafter defined), to purchase from SKYTERRA COMMUNICATIONS, INC., a Delaware corporation (the "Company"), [________________] (________) shares of the Common Stock of the Company, (subject to adjustment as provided herein), at a purchase price of $10.00 per share (the initial "Exercise Price", subject to adjustment as provided herein).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 18th, 2007 • Skyterra Communications Inc • Communications services, nec • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the 14th day of December, 2007 by and among MOBILE SATELLITE VENTURES LP, a Delaware limited partnership (“MSV”), MOBILE SATELLITE VENTURES FINANCE CO., a Delaware corporation (“MSV Finance Co.” and, together with MSV, the “Issuers”), SkyTerra Communications, Inc., a Delaware corporation (“SkyTerra”), HARBINGER CAPITAL PARTNERS MASTER FUND I, LTD., a Cayman Islands fund, and HARBINGER CAPITAL PARTNERS SPECIAL SITUATIONS FUND, LP, a Delaware limited partnership (collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 18th, 2007 • Skyterra Communications Inc • Communications services, nec • New York
This REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of January •, 2008 is by and among Harbinger Capital Partners Master Fund I, Ltd., a Cayman Islands fund, ("Harbinger Master Fund"); Harbinger Capital Special Situations Fund, LP, a limited partnership organized and existing under the laws of Delaware ("Harbinger Special Situations Fund"); and SkyTerra Communications, Inc., a Delaware corporation ("SkyTerra"). Certain capitalized terms used herein are defined in Section 6 below.
