DAYSTAR TECHNOLOGIES, INC. VOID AFTER 5:00 P.M. PST ON February 10, 2017 Warrant to Purchase 1,000,000 Shares of Common Stock Dated February 11, 2010 WARRANT FOR THE PURCHASE OF SHARES OF COMMON STOCKDaystar Technologies Inc • February 18th, 2010 • Semiconductors & related devices • New York
THIS CERTIFIES THAT, FOR VALUE RECEIVED, Tejas Securities Group, Inc. 401K Plan and Trust FBO John J. Gorman, John J. Gorman TTEE, or its registered assign(s) (the “Holder”), is entitled to purchase from Daystar Technologies, Inc., a Delaware corporation (the “Company”), subject to the terms and conditions set forth in this Warrant, up to 1,000,000 fully paid and nonassessable shares of common stock (“Common Stock”), of the Company, at any time commencing on the date hereof (the “Commencement Date”) and expiring at 5:00 p.m. PST, on February 10, 2017 (the “Expiration Date”). The price for each share of Common Stock purchased hereunder (as adjusted as set forth herein, collectively the “Warrant Shares”) is $0.80 per share until expiration of this Warrant (as adjusted as set forth herein, the “Purchase Price”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 18th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of the 11th day of February 2010, between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and the individual listed on Schedule I (the “Purchaser”). The Company and the Purchaser are sometimes referred to individually as a “Party” and collectively as the “Parties”.
PURCHASE AGREEMENTPurchase Agreement • February 18th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
THIS PURCHASE AGREEMENT (the “Agreement”) is made as of the 11th day of February 2010 (the “Effective Date”) between DayStar Technologies, Inc., a Delaware corporation (the “Company”), and Tejas Securities Group, Inc. 401k Plan and Trust, FBO John J. Gorman, John J. Gorman TTEE (the “Purchaser”). The Company and the Purchaser are sometimes referred to individually as a “Party” and collectively as the “Parties.”
SECURITY AGREEMENTSecurity Agreement • February 18th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
This Security Agreement (this “Security Agreement”) is made effective as of February 11, 2010 (“Effective Date”), by and between DayStar Technologies, Inc., a Delaware corporation (“Debtor”), and Tejas Securities Group, Inc. 401k Plan and Trust, FBO John J. Gorman, John J. Gorman TTEE as beneficiary (“Secured Party”), with reference to the essential facts stated in the Recitals below.
INTERCREDITOR AGREEMENTIntercreditor Agreement • February 18th, 2010 • Daystar Technologies Inc • Semiconductors & related devices • New York
THIS INTERCREDITOR AGREEMENT (this “Agreement”) dated as of the 11th day of February, 2010, is made by and among TD Waterhouse RRSP Account 230832S, in trust for Peter Alan Lacey as beneficiary, a corporation (“Lender 1”), Peter A. Lacey, an individual (“Lender 2”“), Michael Moretti, an individual (“Lender 3”), Tejas Securities Group, Inc 401k Plan and Trust, FBO John J. Gorman, John J. Gorman TTEE, a trust (“Lender 4”), , a corporation (“Lender 5”), and , a corporation (“Lender 6”), (Lender 1, Lender 2 Lender 3, Lender 4, Lender 5, and Lender 6 are sometimes referred to herein as the “Lenders”).
