METAL STORM LIMITED (ACN 064 270 006) AND THE BANK OF NEW YORK As Depositary AND OWNERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY RECEIPTS Deposit Agreement Dated as of July 31, 2000 Amended and Restated as of December 12, 2001Deposit Agreement • March 12th, 2008 • Metal Storm LTD /Adr/ • Measuring & controlling devices, nec • New York
Exhibit A to Deposit AgreementMetal Storm LTD /Adr/ • March 12th, 2008 • Measuring & controlling devices, nec
representing deposited ordinary shares (herein called "Shares") of Metal Storm Limited (ACN 064 270 006), incorporated under the laws of the State of Queensland, the Commonwealth of Australia (herein called the "Company"). At the date hereof, each American Depositary Share represents twenty Shares which are either deposited or subject to deposit under the deposit agreement at the principal Sydney, New South Wales, Australia office of Commonwealth Bank of Australia, the principal Melbourne, Victoria, Australia office of National Australia Bank Limited and the principal Melbourne, Victoria, Australia office of Australia and New Zealand Banking Group Limited (herein collectively called the "Custodian"). The Depositary's Corporate Trust Office is located at a different address than its principal executive office. Its Corporate Trust Office is located at 101 Barclay Street, New York, N.Y. 10286, and its principal executive office is located at One Wall Street, New York, N.Y. 10286.
METAL STORM LIMITED ACM 064 270 006 ("MS") SCIENCE APPLICATIONS INTERNATIONAL CORPORATION ("SAIC") MODIFICATION NO. 1Agreement • July 14th, 2003 • Metal Storm LTD /Adr/ • American depositary receipts
Exhibit 4.8 EMPLOYMENT AGREEMENT AGREEMENT dated 13 January 2003.Employment Agreement • July 14th, 2003 • Metal Storm LTD /Adr/ • American depositary receipts
EMPLOYMENT AGREEMENTEmployment Agreement • July 14th, 2003 • Metal Storm LTD /Adr/ • American depositary receipts
Schedule 1 50 Schedule 2 52 Schedule 3 53 Annexure A – ASX Market Release 54 Annexure B – Form of Board Resolution 55 Annexure C – Form of CEO Certificate 58 Annexure D – Cleansing Statement 59 Annexure E – Appendix 3B (For Commencement Fee Shares and...Metal Storm LTD /Adr/ • May 15th, 2012 • Measuring & controlling devices, nec • New South Wales
Exhibit 4.13 EMPLOYMENT AGREEMENT AGREEMENT dated 18 September, 2002. BETWEEN METAL STORM IncEmployment Agreement • July 14th, 2003 • Metal Storm LTD /Adr/ • American depositary receipts
On behalf of the Board of Directors of Metal Storm, I am pleased to extend to you an offer of employment with Metal Storm as the Senior Vice President of Business Development. The terms of employment are as follows:
EXHIBIT 4.2 **CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.** DEED OF AMENDMENT TO RESEARCH AGREEMENT BETWEEN COMMONWEALTH OF...Metal Storm LTD /Adr/ • July 14th, 2003 • American depositary receipts
Metal Storm Limited (acn 064 270 006) (‘Company’) Jim MacDonald (‘Employee’) EMPLOYMENT AGREEMENTEmployment Agreement • June 15th, 2005 • Metal Storm LTD /Adr/ • Measuring & controlling devices, nec
MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • July 15th, 2004 • Metal Storm LTD /Adr/ • American depositary receipts • Washington
This Agreement (“Agreement”) is entered into as of December 1, 2003 (“Effective Date”), by and among Metal Storm, Limited, a Company organized under the laws of the country of Australia (“Purchaser”), ProCam Machine, LLC, a limited liability company organized under the laws of the State of Washington, USA (“Company”), and William McAllister, Michael F. Bell, Bruce D. Campbell, Raymond J. Prokorym and Michael J. Rubel (collectively referred herein to as “Sellers”).
Subscription AgreementMetal Storm LTD /Adr/ • July 20th, 2011 • Measuring & controlling devices, nec • Queensland
A The Company has agreed to issue the Subscription Securities to the Investor and the Investor has agreed to subscribe for the Subscription Securities on the terms of this document.
4.65 million Subscription Agreement $11.9 million Secured Debt eliminated Metal Storm gets backing from European institutional investor Eliminates $11.9 million of secured debt Prepares for non-lethal weapon productionMetal Storm LTD /Adr/ • May 15th, 2012 • Measuring & controlling devices, nec
Defence technology company Metal Storm Limited (“Company”) has enhanced its balance sheet through a multi-million dollar subscription agreement to reduce its debt burden and assists its program for non-lethal weapon and ammunition production.
Subscription AgreementMetal Storm • April 11th, 2012 • Metal Storm LTD /Adr/ • Measuring & controlling devices, nec
The Company continues to pursue further capital investment in order to complete its product portfolio and enter into volume production. It is also continuing to seek opportunities to improve its capital structure through appropriate capital reorganisation.
EMPLOYMENT AGREEMENTEmployment Agreement • June 30th, 2008 • Metal Storm LTD /Adr/ • Measuring & controlling devices, nec • Queensland
METAL STORM LIMITED ACN 064 270 006 ASX: MST OTC: MTSXYMetal Storm LTD /Adr/ • January 13th, 2012 • Measuring & controlling devices, nec
As announced to ASX in October 2011, Metal Storm entered into an agreement with The Lind Partners, LLC, as manager of the Australia Special Opportunity Fund LP (ASOF), under which:
EMPLOYMENT AGREEMENTEmployment Agreement • July 15th, 2004 • Metal Storm LTD /Adr/ • American depositary receipts
LETTERHEAD OF METAL STORM LIMITED]Employment Agreement • July 1st, 2002 • Metal Storm LTD /Adr/ • American depositary receipts
EMPLOYMENT AGREEMENTEmployment Agreement • July 15th, 2004 • Metal Storm LTD /Adr/ • American depositary receipts
EMPLOYMENT AGREEMENTEmployment Agreement • July 15th, 2010 • Metal Storm LTD /Adr/ • Measuring & controlling devices, nec • Maryland
Cash Advance Facility Agreement HENRY DAVIS YORK SCHEDULE 1 30 SCHEDULE 2 32Metal Storm LTD /Adr/ • July 17th, 2006 • Measuring & controlling devices, nec
Harmony Investment Fund Limited, a company incorporated in the Cayman Islands with Company Registration No. CB-150702, c/o Campbell Corporate Services, 4th Floor Scotia Centre, PO Box 268, George Town, Grand Cayman, Cayman Islands (Financier)
Convertible Securities AgreementMetal Storm LTD /Adr/ • December 22nd, 2011 • Measuring & controlling devices, nec
On 17 October 2011 the Company announced it had agreed to issue two types of convertible notes to investors to raise $1 million. One of those investors was Mr Andrew Doyle, who agreed to subscribe for $100,000 of the second type of convertible notes described on page three of that announcement.
ContentsMetal Storm LTD /Adr/ • July 15th, 2010 • Measuring & controlling devices, nec • Queensland
The Investor has agreed to grant to the Company and the Company has agreed to accept a $25,000,000 Line on the terms and conditions set out in this document.
Waterfront Place 1 Eagle Street Brisbane QLD 4000 GPO Box 9925 QLD 4001 Tel (07) 3228 9333 Fax (07) 3228 9444 www.corrs.com.au Sydney Melbourne Brisbane PerthMetal Storm LTD /Adr/ • May 15th, 2012 • Measuring & controlling devices, nec • Queensland
B The Investor has agreed to provide funds to the Company by subscribing for Convertible Securities on the terms set out in this document.
This is to certify that this document is a true copy of the original, which I have sighted. Date: 18 April 2012 Signed: /s/ Lee Finniear Title: CEO Final Metal Storm Limited Luxinvest Capital Advisors S.A. Subscription AgreementMetal Storm LTD /Adr/ • May 15th, 2012 • Measuring & controlling devices, nec • Queensland
A The Company has agreed to issue the Subscription Shares to the Investor and the Investor has agreed to subscribe for the Subscription Shares on the terms of this document.
EMPLOYMENT AGREEMENTEmployment Agreement • May 18th, 2007 • Metal Storm LTD /Adr/ • Measuring & controlling devices, nec
Parties 1 Background 1 Operative provisions 1 Commitment 1 Exclusivity 1 Use of Proceeds 1 Entitlement 2 Drawdown procedure 2 Drawdown conditions 3 Drawing Limits 5 Requirements for Drawdown Notices 6 First Drawdown 6 Type 1 Drawdown 6 Type 2 Drawdown...Metal Storm LTD /Adr/ • July 15th, 2010 • Measuring & controlling devices, nec • Queensland
GEM has agreed to grant to the Company and the Company has agreed to accept an A$20,200,000 Equity Line on the terms and conditions set out in this agreement.
