VUZIX CORPORATION - and - COMPUTERSHARE TRUST COMPANY OF CANADA WARRANT INDENTURE Providing for the Issue of l Unit Warrants and l Compensation Unit Warrants of Vuzix CorporationWarrant Indenture • December 7th, 2009 • Vuzix Corp • Computer peripheral equipment, nec • Ontario
WHEREAS Canaccord Capital Corporation, Bolder Investment Partners, Ltd. and Canaccord Adams Inc. (collectively, the “Agents”) are acting as agents in connection with the issuance and sale by the Corporation (the “Offering”) of up to l units of the Corporation (individually a “Unit” and collectively, the “Units”);
ESCROW AGREEMENTEscrow Agreement • December 7th, 2009 • Vuzix Corp • Computer peripheral equipment, nec
This Agreement is being entered into by the Parties under National Policy 46-201 — Escrow for Initial Public Offerings (the “National Policy”) and TSX Venture Exchange (the “Exchange”) Policy 5.4 — Escrow, Vendor Consideration and Resale Restrictions (the “Policy”) in connection with the Issuer’s proposed initial public offering of securities by prospectus.
Distribution and Manufacturing AgreementDistribution and Manufacturing Agreement • December 7th, 2009 • Vuzix Corp • Computer peripheral equipment, nec • New York
This Distribution and Manufacturing Agreement (the “Agreement”), effective August 27, 2009 (the “Effective Date”), is made between VUZIX Corporation, whose principal place of business is located at 75 Town Centre Drive, Rochester, New York 14623 U.S.A. (herein referred to as “VUZIX”) and YuView Holdings Ltd., with its registered office at 800-885 West Georgia Street, Vancouver, B.C. V6C 3H1 (hereinafter referred to as “RESELLER”) each a “Party” and, collectively, the “Parties”.
Amendment No. 1 to the Amended and Restated Fiscal Advisory Fee AgreementVuzix Corp • December 7th, 2009 • Computer peripheral equipment, nec
This Amendment No. 1 (this “Amendment”) to the Amended and Restated Fiscal Advisory Fee Agreement, dated November 12, 2009 (the “Agreement”), is entered into by and among Vuzix Corporation (the “Company”), Canaccord Capital Corporation (“Canaccord”) and Bolder Investment Partners, Ltd. (“Bolder” together with Canaccord, the “Advisors,” and collectively with the Company, the “Parties”), effective as of December 1, 2009 (the “Effective Date”).
