SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 7th, 2005 • Beacon Power Corp • Electric services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 4, 2005 among Beacon Power Corporation, a Delaware corporation (the “Company”), and the purchasers identified on the signature pages hereto (each, a “Purchaser” and collectively, the “Purchasers”).
BEACON POWER CORPORATION WARRANTBeacon Power Corp • November 7th, 2005 • Electric services
Beacon Power Corporation, a Delaware 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, $0.01 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 $2.21 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from time to time from and after the date six months and one day after the Closing Date (the “Initial Exercise Date”) and through and including the fifth anniversary of 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 t
