COMMON STOCK PURCHASE WARRANT To Purchase 500,000 Shares of Common Stock of NEAH POWER SYSTEMS, INC.Neah Power • November 16th, 2007 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, EPD Investment Co., LLC, a California limited liability company, or its assignee or designee (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 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 Neah Power Systems, Inc., a Nevada corporation (the “Company”), five hundred thousand (500,000) shares (the “Warrant Shares”) of Common Stock, $.001 par value, of the Company (the “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).
NEAH POWER SYSTEMS, INC. SERIES A PREFERRED STOCK PURCHASE AGREEMENT June 18, 2008Neah Power • July 3rd, 2008 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • Nevada
This Series A Preferred Stock Purchase Agreement (this “Agreement”) is made and entered into as of June 18, 2008, by and among Neah Power Systems, Inc., a Nevada corporation (the “Company”), and the persons identified on the signature block hereto (collectively, the “Purchasers”).
NEAH POWER SYSTEMS, INC. May 20, 2008Neah Power • May 23rd, 2008 • Neah Power Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies
We refer to (i) the Purchase Agreement (the “Purchase Agreement”) dated November 27, 2007 between Neah Power Systems, Inc., a Nevada corporation (the “Borrower”), and CAMHZN Master LDC (the “Lender”), (ii) the 12% Secured Promissory Note (the “Note”) in the principal amount of $500,000 dated November 27, 2007 issued by the Borrower to the Lender, (iii) the Security Interest and Pledge Agreement dated November 27, 2007 (the “Pledge Agreement”) by and between the Borrower and the Lender, (iv) the Warrant dated November 27, 2007 issued by the Borrower to the Lender (the “Warrant”), and (v) the letter agreement by and between the Borrower and the Lender, November 27, 2007 (the “Letter Agreement”). The Purchase Agreement, the Note, the Pledge Agreement, the Warrant and the Letter Agreement are referred to herein as the “Loan Documents.” Unless otherwise defined herein, capitalized terms have the meanings assigned to them in the Loan Documents.
