COMMON STOCK PURCHASE WARRANT AGREEMENTCommon Stock Purchase Warrant Agreement • March 31st, 2014 • Copytele Inc • Patent owners & lessors
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 [_____ year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Copytele, 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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 31st, 2014 • Copytele Inc • Patent owners & lessors • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of [____ ____, 20__, between Copytele, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
Common Stock FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • March 31st, 2014 • Copytele Inc • Patent owners & lessors • New York
CopyTele, Inc., a Delaware corporation (the "Company"), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters named on Schedule I to this Agreement (the "Underwriters"), for whom you are acting as Representative (the "Representative"), an aggregate of _______________ shares (the "Firm Shares") of the Company's common stock, $0.01 par value per share (the "Common Stock"). In addition, the Company proposes to grant to the Underwriters an option to purchase up to an additional ____________ shares (the "Option Shares") of Common Stock from the Company for the purpose of covering over‑allotments in connection with the sale of the Firm Shares. The Firm Shares and the Option Shares are collectively referred to herein as the "Shares."
Subscription Rights Agreement Copytele, Inc.Subscription Rights Agreement • March 31st, 2014 • Copytele Inc • Patent owners & lessors
Enclosed are the prospectus, dated [ ] (the “Prospectus”), and other materials relating to the rights offering (the “Rights Offering”) by Copytele, Inc. (the “Company”) to the holders of record of its common stock, par value $0.01 per share. Record Holders as of [ ], 2014 (the “Record Date”) will receive at no charge non-transferable subscription rights (the “Subscription Rights”) to purchase up to an aggregate of _____ shares of Common Stock (the “Shares”) at a subscription price of $____ per Share (the “Subscription Price”) for up to aggregate gross proceeds to the Company of approximately $___________. Each Record Holder will receive one Subscription Right for each seventeen (17) shares of Common Stock held, the Record Date. Each Subscription Right will entitle the Record Holder to purchase one (1) Share at the Subscription Price (the “Basic Subscription Right”).
