COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.Common Stock Purchase Warrant • July 22nd, 2016 • Ocean Power Technologies, Inc. • Electric services • 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 year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power 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).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • July 22nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (the “Placement Agent”) as placement agent, securities of the Company consisting of units (the “Units” or the “Securities”) each to purchase (x) one share (collectively, the “Shares”) of the Company’s common stock (“Common Stock”), $0.001 par value per share, and (y) 0.3 of a warrant to purchase one share of Common Stock (collectively, the “Warrants”), directly to various investors (the “Investors”) as set forth on Schedule I hereto, which Units will not be issued or certificated and the Shares and Warrants included therein will be transferable separately immediately upon issuance.
SUBSCRIPTION AGREEMENTSubscription Agreement • July 22nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
The undersigned (the “Investor”) hereby confirms its agreement with Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), as follows:
