COMMON STOCK PURCHASE WARRANT To Purchase ___________ Shares of Common Stock of GIGABEAM CORPORATIONGigabeam Corp • January 31st, 2008 • Radio & tv broadcasting & communications equipment • Delaware
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ________________ (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on December 31, 2012 (the “Termination Date”) but not thereafter, to subscribe for and purchase from GigaBeam Corporation, a Delaware corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
GIGABEAM CORPORATIONGigabeam Corp • January 31st, 2008 • Radio & tv broadcasting & communications equipment
This letter confirms our understanding and acknowledgement that the Securities Purchase Agreement, dated August 16, 2007, and the transactions contemplated thereunder, are hereby terminated pursuant to Section 5.1 therein as a result of the closing of said transaction failing to close on or before August 31, 2007 as well as the mutual understanding and agreement of the parties thereto. As such, the obligations of GigaBeam Corporation (the “Company”) under the 14% Secured Debenture issued pursuant to the Securities Purchase Agreement, dated May 22, 2007 (the “Purchase Agreement”), was not paid off pursuant to such agreement and remains outstanding pursuant to the terms thereunder and in full force and effect. Furthermore, the Company agrees that certain cash advances made by Midsummer Investment, Ltd. (“Midsummer”) on or about August 16, 2007 in the amount of $500,000 and on or about November 30, 2007 in the amount of $400,000 shall be evidenced by the issuance by the Company of 14% Pro
SECURITIES EXCHANGE AND AMENDMENT AGREEMENTSecurities Exchange and Amendment Agreement • January 31st, 2008 • Gigabeam Corp • Radio & tv broadcasting & communications equipment • New York
This Securities Exchange and Amendment Agreement (this “Agreement”) is dated as of December 31, 2007, among GigaBeam Corporation, a Delaware corporation (the “Company”) and each holder identified on the signature pages hereto (each, including its successors and assigns, a “Holder” and collectively the “Holders”).
SECURITIES EXCHANGE AND AMENDMENT AGREEMENTSecurities Exchange and Amendment Agreement • January 31st, 2008 • Gigabeam Corp • Radio & tv broadcasting & communications equipment • New York
This Securities Exchange and Amendment Agreement (this “Agreement”) is dated as of December 31, 2007, among GigaBeam Corporation, a Delaware corporation (the “Company”) and each holder identified on the signature pages hereto (each, including its successors and assigns, a “Holder” and collectively the “Holders”).
