LOCK-UP AGREEMENTLock-Up Agreement • November 13th, 2008 • Nexxus Lighting, Inc. • Drawing & insulating of nonferrous wire • Delaware
THIS LOCK-UP AGREEMENT (the “Agreement”) is made and entered into on , 2008 between the person set forth on Schedule A to this Agreement (each, a “Holder”) who is executing this Agreement and Nexxus Lighting, Inc., a Delaware corporation (the “Company”).
PREFERRED STOCK AND WARRANT PURCHASE AGREEMENTPreferred Stock and Warrant Purchase Agreement • November 13th, 2008 • Nexxus Lighting, Inc. • Drawing & insulating of nonferrous wire • Delaware
THIS PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT (the “Agreement”) is entered into as of November 11, 2008, by and among NEXXUS LIGHTING, INC., a Delaware corporation (the “Company”), with its principal executive offices located at 124 Floyd Smith Drive, Suite 300, Charlotte, North Carolina 28262, and the purchasers (collectively, the “Purchasers” and each a “Purchaser”) set forth on Schedule 1 hereof, with regard to the following:
EXHIBIT A TO PREFERRED STOCK AND WARRANT PURCHASE AGREEMENT FORM OF WARRANTPreferred Stock and Warrant Purchase Agreement • November 13th, 2008 • Nexxus Lighting, Inc. • Drawing & insulating of nonferrous wire • Delaware
NEXXUS LIGHTING, INC., a Delaware corporation (the “Company”), hereby certifies that , its permissible transferees, designees, successors and assigns (collectively, the “Holder”), for value received, is entitled to purchase from the Company at any time commencing one (1) year after the date of this Warrant, and terminating on the third anniversary of the date of this Warrant (the “Termination Date”) up to shares (each, a “Share” and collectively the “Shares”) of the Company’s Common Stock, $.001 par value per Share (the “Common Stock”), at an exercise price per Share equal to ($ ) (the “Exercise Price”). The number of Shares purchasable hereunder and the Exercise Price are subject to adjustment as provided in Section 4 hereof. Capitalized terms used and not otherwise defined herein will have the respective meanings given to such terms in the Preferred Stock and Warrant Purchase Agreement dated as of , 2008, by and among the Company and the Purchasers listed on Schedule 1 thereto (the “
