Warrant No. [ ] Date of Original Issuance: August 7, 2006American Technology Corp /De/ • August 8th, 2006 • Household audio & video equipment
American Technology Corporation, a Delaware corporation (the “Company”), hereby certifies that, for value received, [ ] or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of [ ]1 shares of common stock, par value $.00001 per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $2.67 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from time to time from and after the six month anniversary of the date hereof and through and including August 6, 2010 (the “Expiration Date”), and subject to the following terms and conditions:
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 8th, 2006 • American Technology Corp /De/ • Household audio & video equipment • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of August 4, 2006, by and among American Technology Corporation, a Delaware corporation (the “Company”), and the investors signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
ContractSecurities Purchase Agreement • August 8th, 2006 • American Technology Corp /De/ • Household audio & video equipment • New York
This Securities Purchase Agreement (the “Purchase Agreement”) contains certain representations and warranties (the “Representations”) by American Technology Corporation (the “Company”) in favor of the Purchasers named therein (the “Purchasers”). The Purchase Agreement states in Section 5.7 that no person, other than the parties to the agreement, is entitled to rely on the Representations contained in the Purchase Agreement. The Purchase Agreement is filed in accordance with the rules of the Securities and Exchange Commission as a material agreement, and is intended by the Company solely as a record of the material agreement the Company has reached with the Purchasers. The filing of the Purchase Agreement is not intended to waive or modify Section 5.7 thereof, or as a mechanism to update, supersede or otherwise modify prior disclosures of information and risks concerning the Company which the Company has made to its stockholders.
