ContractDigital Angel Corp • July 24th, 2008 • Communications equipment, nec • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO DIGITAL ANGEL CORPORATION THAT SUCH REGISTRATION IS NOT REQUIRED.
OMNIBUS AMENDMENTOmnibus Amendment • July 24th, 2008 • Digital Angel Corp • Communications equipment, nec • New York
This Omnibus Amendment (“Amendment”) dated July 21, 2008, by and among DIGITAL ANGEL CORPORATION (f/k/a Applied Digital Solutions, Inc.) a Delaware corporation (the “Company”) and LV Administrative Services, Inc., as administrative and collateral agent (the “Agent”) for each of Laurus Master Fund, Ltd., a Cayman Islands company (“Laurus”), Valens U.S. SPV I, LLC, a Delaware limited liability company (“Valens US”), Valens Offshore SPV I, LTD., a Cayman Islands company (“Valens Offshore I”) Valens Offshore SPV II, CORP., a Delaware corporation (“Valens Offshore II”), Kallina Corporation, a Delaware corporation (“Kallina”) and PSource Structured Debt Limited, a Guernsey company (“PSource” and, together with Agent, Laurus, Valens US, Valens Offshore I, Valens Offshore II and Kallina, the “Holders” and each, a “Holder”), amends that certain (i) Common Stock Purchase Warrant to purchase 1,719,745 shares, dated as of August 24, 2006, issued by the Company to Laurus and subsequently assigned i
