SERIES B PREFERRED STOCK PURCHASE AGREEMENTSeries B Preferred Stock Purchase Agreement • May 15th, 2014 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Series B Preferred Stock Purchase Agreement (this “Agreement”) is made as of [DATE] by and among Neah Power Systems, Inc., a Nevada corporation (“NPS”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and, collectively, the “Purchasers”). NPS and the Purchasers are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”
Dated as of October 1, 2013 Neah Power Systems, Inc.– Indemnification Agreement • May 15th, 2014 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
This engagement letter agreement (this “Engagement” or this “Agreement”) confirms that Neah Power Systems, Inc. (“Neah Power” or the “Company”) has engaged Clark Dodge & Company Inc. (“Clark Dodge” or the “Placement Agent”) to act as its placement agent in connection with the offering of securities (the “Interests”) of Neah Power in a proposed promissory “bridge” note (the “Transaction”), on the terms and conditions set forth below, or on such other terms as Neah Power and the investors shall agree. The specific terms of the Transaction will depend on the results of the Placement Agent’s due diligence, market conditions, and discussions by Neah Power and the Placement Agent, and shall be reflected in definitive documents evidencing the Transaction (the “Transaction Documents”).
