SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 2nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 2, 2016, between Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT OCEAN POWER TECHNOLOGIES, INC.Ocean Power Technologies, Inc. • June 2nd, 2016 • Electric services • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after December 8, 2016 the six month and one day anniversary of the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • June 2nd, 2016 • Ocean Power Technologies, Inc. • Electric services • New York
Ocean Power Technologies, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell, through Roth Capital Partners, LLC (“Roth”) and Rodman & Renshaw, a unit of H. C. Wainwright & Co., LLC (“Rodman”, and together with Roth, the “Co-Placement Agents”) as co-placement agents, securities of the Company consisting of shares (“Shares”) of the Company’s common stock (“Common Stock”), $0.001 par value per share, and warrants to purchase shares of Common Stock (“Warrants”, and collectively with the Shares, the “Securities”), directly to various investors (the “Investors”) as set forth on Schedule I hereto.
