MOSYS, INC. 10% SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENTPurchase Agreement • March 15th, 2016 • MoSys, Inc. • Semiconductors & related devices • New York
THIS SENIOR SECURED CONVERTIBLE NOTE PURCHASE AGREEMENT (this “Agreement”) is made as of March 14, 2016 (the “Effective Date”) by and among MoSys, Inc., a Delaware corporation (the “Company”), each purchaser of a 10% Senior Secured Convertible Note Due August 15, 2018 (as defined below) identified in Part 3 of Exhibit A hereto (each a “Purchaser” and collectively referred to as the “Purchasers”), and Ingalls & Snyder LLC, an agent for the Purchasers. Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in Section 1 below.
MOSYS, INC. SECURITY AGREEMENTSecurity Agreement • March 15th, 2016 • MoSys, Inc. • Semiconductors & related devices • New York
ContractMoSys, Inc. • March 15th, 2016 • Semiconductors & related devices • New York
THIS NOTE AND SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR UNDER ANY STATE SECURITIES LAWS. THIS NOTE AND SUCH SHARES MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF A REGISTRATION STATEMENT IN EFFECT WITH RESPECT TO THIS NOTE AND SUCH SHARES UNDER SUCH ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED OR UNLESS SOLD PURSUANT TO RULE 144 OF SUCH ACT.
