WARRANT TO PURCHASE STOCKGigOptix, Inc. • April 30th, 2010 • Semiconductors & related devices • California
THIS WARRANT CERTIFIES THAT AGILITY CAPITAL, LLC or registered assignee (“Holder”) is entitled to purchase the number of fully paid and nonassessable shares (the “Shares”) of Common Stock of GIGOPTIX, INC. (the “Company”), in the number, at the price, and for the term specified above. The Exercise Price shall be equal to the lower of (i) the price specified above or (ii) the price paid in the next sale or issuance of Shares after the Issue Date, if any, by 90 days of the Issue Date, in which Company receives at least $500,000. Upon the occurrence of an Event of Default under the Loan Agreement between Holder and Company dated as of the Issue Date (the “Loan Agreement”), Holder may acquire (i) an additional 25,000 Shares under this Warrant, with an exercise price equal to the average closing price of Company’s common stock for the 15 days before the date of the occurrence of the Event of Default, and (ii) an additional 35,000 Shares on each thirtieth day thereafter for so long as the Ev
LOAN AGREEMENT Dated as of January 29, 2010 by and between AGILITY CAPITAL, LLC as Agility and GIGOPTIX, INC. and CHIPX, INCORPORATED (Individually, a “Borrower” and, collectively, as “Borrowers”) TOTAL CREDIT AMOUNT: Up to $500,000Loan Agreement • April 30th, 2010 • GigOptix, Inc. • Semiconductors & related devices • California
The information set forth above is subject to the terms and conditions set forth in the balance of this Agreement. The parties agree as follows:
ContractGigOptix, Inc. • April 30th, 2010 • Semiconductors & related devices • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION AND ITS COUNSEL, THAT SUCH REGISTRATION IS NOT REQUIRED.
