Form of Warrant (June 13th, 2014)
THIS WARRANT HAS BEEN, AND THE SHARES OF COMMON STOCK WHICH MAY BE PURCHASED PURSUANT TO THE EXERCISE OF THIS WARRANT (THE "SHARES") WILL BE, ACQUIRED SOLELY FOR INVESTMENT AND NOT WITH A VIEW TO, OR FOR RESALE IN CONNECTION WITH, ANY DISTRIBUTION THEREOF. NEITHER THIS WARRANT NOR THE SHARES (TOGETHER, THE "SECURITIES") HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY STATE SECURITIES LAWS. SUCH SECURITIES MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF SUCH REGISTRATION OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY AND ITS COUNSEL THAT SUCH DISPOSITION IS EXEMPT FROM THE REGISTRATION REQUIREMENTS OF THE ACT AND OF ANY APPLICABLE STATE SECURITIES LAWS.
Securities Purchase Agreement (June 13th, 2014)
THIS SECURITIES PURCHASE AGREEMENT (this Agreement) is entered into as of June 10, 2014, by and between [ ], an individual accredited investor having his principal residence at [ ] (Investor), and NEAH POWER SYSTEMS, INC., a Nevada corporation having its principal offices located at 22118 20th Avenue SE, Suite 142, Bothell, Washington, 98021 (the Company). The Investor and the Company are sometimes referred to herein, individually, as a Party and, collectively, as the Parties.
Director Fee Waiver Agreement (November 14th, 2011)
THIS DIRECTOR FEE WAIVER AGREEMENT (this Agreement), dated as of November 4, 2011, is by and among NEAH POWER SYSTEMS, INC., a Nevada corporation (the Company), JEFFREY SAKAGUCHI (Sakaguchi), JON GARFIELD (Garfield), and MICHAEL SELSMAN (Selsman), collectively referred to as Non-Plan Directors since they are not participating in the Companys Director, Officer, and Employee Sales Incentive Plan (the Plan) and will not participate in the Plan, and DAVID SCHMIDT (Schmidt), referred to as Plan Director since he is participating in the Plan . The Non-Plan Directors and the Plan Director (individually referred to as a Participant and collectively referred to as Participants) are entering into this Agreement in their individual capacities and not as Directors of the Board of Directors of the Company.
Neah Power Director, Officer, and Employee Sales Incentive Plan August 25, 2011 (September 2nd, 2011)
Neah Power Systems, Inc. (the Company) wishes to compensate its Officers, Employees, and certain Directors (the Directors) with incentives to grow the revenue of the Company and to recognize their efforts on the Companys behalf during the difficult financial circumstances. Therefore, the Company wishes to compensate the Directors, Officers (together, the D&O), and employees for these efforts and as incentive to generate revenues from licensing and associated licensing revenues and from customer consulting engagements according to this plan (the Plan).