THIS NOTE MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE ALIENATED OR ENCUMBERED WITHOUT THE PRIOR WRITTEN CONSENT OF THE BORROWER.Neah Power Systems, Inc. • May 13th, 2014 • Miscellaneous electrical machinery, equipment & supplies • Utah
FOR VALUE RECEIVED, INTER-MOUNTAIN CAPITAL CORP., a Delaware corporation (the “Borrower”), hereby promises to pay to NEAH POWER SYSTEMS, INC., a Nevada corporation (the “Lender,” and together with the Borrower, the “Parties”), the principal sum of $150,000.00 together with all accrued and unpaid interest thereon, fees incurred or other amounts owing hereunder, all as set forth below in this Buyer Trust Deed Note #1 (this “Note”). This Note is issued pursuant to that certain Securities Purchase Agreement of even date herewith, entered into by and between the Borrower and the Lender (as the same may be amended from time to time, the “Purchase Agreement”), pursuant to which the Lender issued to the Borrower that certain Secured Convertible Promissory Note in the principal amount of $832,500.00 (as the same may be amended from time to time, the “Lender Note”), convertible into shares of the Company’s Common Stock. All capitalized terms used but not otherwise defined herein shall have the m
Securities Purchase AgreementSecurities Purchase Agreement • May 13th, 2014 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Utah
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of May 5, 2014, is entered into by and between NEAH POWER SYSTEMS, INC., a Nevada corporation (the “Company”), and INTER-MOUNTAIN CAPITAL CORP., a Delaware corporation, its successors and/or assigns (the “Buyer”).
