Jovian Energy Inc – UNDERWRITERS' WARRANT AGREEMENT (May 14th, 2003)
Jovian Energy, Inc., a Delaware corporation (the "Company"), hereby agrees to sell to you, the underwriter, and you hereby agree to purchase from the Company at a purchase price of $1,500.00, unit purchase warrants (the "Underwriters' Warrants") covering 150,000 of the Company's units (the "Units"), each Unit consisting of one share of the Company's Common Stock and one Redeemable Common Stock Purchase Warrant (the "Redeemable Warrants") issued in accordance with the terms of a warrant agreement (the "Public Warrant Agreement") dated as of ___________ __, 2003, between the Company and Computer Share Investor Services, as warrant agent (the "Warrant Agent"). The Underwriters' Warrants will be exercisable by you as to all or any lesser number of Units covered thereby, at the Purchase Price per Unit as defined below, at any time and from time to time on and after the first anniversary of the date hereof and ending at 5:00 p.m. on the fifth anniversary of the date hereof.
Jovian Energy Inc – JOVIAN ENERGY, INC. 2002 INCENTIVE EQUITY PLAN (February 14th, 2003)
Jovian Energy Inc – WARRANT AGREEMENT (February 14th, 2003)
Jovian Energy, Inc., a Delaware corporation (the "Company"), and Computershare Trust Company, Inc. (the "Warrant Agent") agree, effective as of ________, 2003, as follows:
Jovian Energy Inc – A Delaware Corporation Redeemable Common Stock Purchase Warrant Certificate (February 14th, 2003)
Warrant Shares. This Warrant Certificate certifies that ________________________, or registered assigns (the "Warrant Holder"), is the registered owner of the above-indicated number of Redeemable Common Stock Purchase Warrants (the "Warrants) exercisable in the manner set forth in this Warrant Certificate. One Warrant entitles the Warrant Holder thereof to purchase from Jovian Energy, Inc., a Delaware corporation (the "Company"), during the period determined in accordance with the section entitled "Warrant Exercise Period" below, one fully paid and nonassessable share (the "Share") of the $.0001 par value common stock of the Company (the "Common Stock") at the purchase price of $4.50 per Share (the "Exercise Price"), upon surrender of this Warrant Certificate with the exercise form hereon duly completed and executed, with the payment of the Exercise Price at the office of Computershare Trust Company, Inc., 350 Indiana Street, Suite 800, Golden, Colorado 80401 (the "Warrant Agent"), as