PRE-FUNDED COMMON STOCK PURCHASE WARRANTMoSys, Inc. • October 3rd, 2018 • Semiconductors & related devices
THIS PRE-FUNDED 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 September __, 2018 (the “Initial Exercise Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from MoSys, 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 • October 3rd, 2018 • MoSys, Inc. • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 2, 2018, between MoSys, 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 PURCHASE WARRANTCommon Stock Purchase • October 3rd, 2018 • MoSys, Inc. • Semiconductors & related devices
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 October __, 2018 (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”; provided, however, that if such date is not a Trading Day, the Termination Date shall be the immediately following Trading Day) but not thereafter, to subscribe for and purchase from MoSys, 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).
CO-PLACEMENT AGENCY AGREEMENTCo-Placement Agency Agreement • October 3rd, 2018 • MoSys, Inc. • Semiconductors & related devices • New York
AMENDMENT NO. 2 TO 10% SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENT AND EVERY 10% SENIOR SECURED CONVERTIBLE NOTE DUE AUGUST 15, 2018 ISSUED THEREUNDERSenior Secured Convertible Note Purchase Agreement and Every • October 3rd, 2018 • MoSys, Inc. • Semiconductors & related devices
MoSys, Inc., a Delaware corporation (the “Company”), Ingalls & Snyder LLC as agent (“Purchasers’ Agent”) for all Purchasers of Notes pursuant to the 10% Senior Secured Convertible Note Purchase Agreement dated as of March 14, 2016 (the “Agreement”), and Ingalls & Snyder Value Partners, L.P., the Holder of the Majority-in-Interest of the Notes, which were amended as of February 18, 2018, agree to amend the Agreement and the Notes further as provided in this instrument (this “Amendment”).
