THIS WARRANT AND THE SECURITIES ISSUABLE UPON ITS EXERCISE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR UNDER ANY STATE SECURITIES LAWS, AND MAY NOT BE TRANSFERRED OR DISPOSED OF EXCEPT PURSUANT TO...nFinanSe Inc. • December 3rd, 2008 • Short-term business credit institutions • Florida
This is to certify that, for value received, _________________ (the “Holder”), is entitled to purchase, subject to the terms set forth below, from nFinanSe Inc., a Nevada corporation (the “Company”), during the period commencing on the date first written above and expiring one (1) year thereafter, unless extended pursuant to Section 1(b) below (the “Exercise Period”), an aggregate of __________________ (___________) fully paid and non-assessable shares of the Company’s common stock, $0.001 par value per share (the “Common Stock”), at a per share purchase price of $2.00 (the “Exercise Price”). The Exercise Price and the number of such shares are subject to adjustment, from time to time, as provided below. The shares of Common Stock deliverable upon such exercise are hereinafter sometimes referred to as the “Warrant Shares.” This Warrant is herein referred to as the “Warrant”.
ContractLoan and Security Agreement • December 3rd, 2008 • nFinanSe Inc. • Short-term business credit institutions • New York
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is entered into as of November 26, 2008 among nFinanSe Inc., a Nevada corporation (“Parent”), and nFinanSe Payments Inc., a Nevada corporation (“Sub”, and together with Parent, on a joint and several basis, the “Borrowers”), each of the Persons identified as Lenders on Schedule 1.1(a) attached hereto (together with each of their successors and assigns, referred to individually as a “Lender” and collectively, as the “Lenders”), and Ballyshannon Partners, L.P., a Pennsylvania limited partnership (“Ballyshannon Partners”), acting as agent (in such capacity, and any successor to Ballyshannon Partners, the “Agent”).
AMENDMENT NO. 1 TO WARRANTnFinanSe Inc. • December 3rd, 2008 • Short-term business credit institutions
THIS AMENDMENT NO. 1 TO WARRANT, dated as of November 26, 2008 (this “Amendment”), is issued by nFinanSe Inc., a Nevada corporation (the “Company”), to __________________, a __________________ corporation (the “Holder”).
