SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 1st, 2011 • Cereplast Inc • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of January 26, 2011, by and among Cereplast, Inc., a Nevada corporation with headquarters located at 300 N. Continental Boulevard, Suite 100, El Segundo, California 90245 (the “Company”), and each investor identified on the signature pages hereto (individually, an “Investor” and collectively, the “Investors”).
Warrant No. L- Dated: February 1, 2011Cereplast Inc • February 1st, 2011 • Plastic materials, synth resins & nonvulcan elastomers
Cereplast, Inc., a Nevada corporation (the “Company”), hereby certifies that, for value received, [Name of Holder] or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of [ ] shares of common stock, $0.001 par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $6.35 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and on or after August 1, 2011 (the “Initial Exercise Date”) and through the five year anniversary of the and including the date that is five years from the Initial Exercise Date (the “Expiration Date”), and subject to the following terms and conditions. This Warrant (this “Warrant”) is one of a series of similar warrants issued pursuant to that certain Securities Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers identified there
