ContractCommon Stock Purchase • March 19th, 2008 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
ENERGY FOCUS INC. Securities Purchase AgreementSecurities Purchase Agreement • March 19th, 2008 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
This Securities Purchase Agreement (this “Agreement”) is dated as of March 14, 2008, by and among Energy Focus, Inc., a Delaware corporation (the “Company”), and the parties listed on the signature page hereto (each an “Investor” and together the “Investors”).
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • March 19th, 2008 • Energy Focus, Inc/De • Electric lighting & wiring equipment • New York
This First Amendment (this “Amendment”) to that certain Rights Agreement dated as of October 25, 2006 between the parties (the “Rights Agreement”) is entered into as of March 12, 2008 between Energy Focus, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”). Capitalized terms used but not defined in this Amendment have the meanings given to them in the Rights Agreement.
