COMMON STOCK PURCHASE WARRANT WAFERGEN BIO-SYSTEMS, INC.Security Agreement • July 18th, 2014 • WaferGen Bio-Systems, Inc. • Laboratory analytical instruments • 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 date hereof (the “Initial Exercise Date”) and on or prior to the close of business on ____________, 20171 (the “Termination Date”) but not thereafter, to subscribe for and purchase from WAFERGEN BIO-SYSTEMS, INC., a Nevada corporation (the “Company”), up to ______ 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). This Warrant is issued by the Company pursuant to Section 2.3(iii) of the Underwriting Agreement, dated as of ________, 2014, between the Company and Ladenburg Thalmann & Co. Inc. as representative of the underwriters listed therein.
COMMON STOCK PURCHASE WARRANT WAFERGEN BIO-SYSTEMS, INC.Common Stock Purchase Warrant • July 18th, 2014 • WaferGen Bio-Systems, Inc. • Laboratory analytical instruments • 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 date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from WAFERGEN BIO-SYSTEMS, INC., a Nevada corporation (the “Company”), up to ______ 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).
SHARESOF COMMON STOCK AND ______________ WARRANTS OF WAFERGEN BIO-SYSTEMS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 18th, 2014 • WaferGen Bio-Systems, Inc. • Laboratory analytical instruments • New York
The undersigned, WAFERGEN BIO-SYSTEMS, INC., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of WAFERGEN BIO-SYSTEMS, 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 which 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.
July 17, 2014Irrevocable Waiver of Board Rights • July 18th, 2014 • WaferGen Bio-Systems, Inc. • Laboratory analytical instruments
THIRD AMENDMENT TO MULTI-TENANT LEASEMulti-Tenant Lease • July 18th, 2014 • WaferGen Bio-Systems, Inc. • Laboratory analytical instruments
This THIRD AMENDMENT TO MULTI-TENANT LEASE (“Amendment”) dated for reference purposes only as of June 27, 2014 (the “Effective Date”), is entered into by and between LBA REALTY FUND III-COMPANY VII, LLC, a Delaware limited liability company (“Landlord”), and WAFERGEN, INC., a Delaware corporation (“Tenant”).
