AMENDMENT TO SHAREHOLDER RIGHTS AGREEMENTShareholder Rights Agreement • September 14th, 2009 • NeuroMetrix, Inc. • Surgical & medical instruments & apparatus • Delaware
THIS AMENDMENT TO SHAREHOLDER RIGHTS AGREEMENT (this “Amendment”) is entered into as of September 8, 2009, by and between NEUROMETRIX, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, a New York corporation (the “Rights Agent”).
STOCK PURCHASE WARRANT TO SUBSCRIBE FOR AND PURCHASE COMMON STOCK OF NEUROMETRIX, INC.NeuroMetrix, Inc. • September 14th, 2009 • Surgical & medical instruments & apparatus • Delaware
THIS CERTIFIES THAT, for value received, , or registered assigns, (herein referred to as the “Purchaser” or “holder”), is entitled to subscribe for and purchase from NEUROMetrix, Inc., a Delaware corporation (herein called the “Company”), at the exercise price specified below (subject to adjustment as noted below) at any time beginning on the date that is the earlier of (x) (1) and (y) immediately prior to consummation of a Change of Control (as defined below) to, and including , 2014(2) (subject to extension as provided below, the “Expiration Date”), ( ) fully paid and nonassessable shares (“Shares”) of common stock, par value $.0001 per share (herein the “Common Stock”) (subject to adjustment as noted below). This Stock Purchase Warrant (this “Warrant”) has been issued pursuant to a Securities Purchase Agreement, dated as of September , 2009 (the “Agreement”), between the Purchaser and the Company.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 14th, 2009 • NeuroMetrix, Inc. • Surgical & medical instruments & apparatus • Delaware
Please confirm that the foregoing correctly sets forth the agreement between us by signing in the space provided below for that purpose.
