Warrant Purchase Agreement between Morgan Joseph & Co. Inc. and Aldabra Acquisition Corporation Investors (January 1, 2005)

Summary

This agreement, dated January 1, 2005, is between Morgan Joseph & Co. Inc. and investors Nathan Leight and Jason Weiss regarding the purchase of up to 1,571,429 warrants of Aldabra Acquisition Corporation. The investors agree to buy these warrants at market prices not exceeding $0.70 each within forty trading days after the warrants become separately tradeable. Morgan Joseph will facilitate the purchases without charging fees or commissions. The warrants cannot be sold or transferred until Aldabra completes a business combination, and this restriction will be noted on the warrant certificates.

EX-10.16 15 file011.htm FORM OF WARRANT PURCHASE AGREEMENTS

  As of January 1, 2005 Morgan Joseph & Co. Inc. 600 Fifth Avenue, 19th Floor New York, New York 10020 Re: Aldabra Acquisition Corporation ------------------------------- Gentlemen: This letter will confirm the agreement of the undersigned to purchase warrants ("Warrants") of Aldabra Acquisition Corporation ("Company") included in the units ("Units") being sold in the Company's initial public offering ("IPO") upon the terms and conditions set forth herein. Each Unit is comprised of one share of Common Stock and two Warrants. The shares of Common Stock and Warrants will not be separately tradeable until 90 days after the effective date of the Company's IPO unless Morgan Joseph & Co. Inc. ("Morgan Joseph") informs the Company of its decision to allow earlier separate trading. The undersigned agree that this letter agreement constitutes an irrevocable obligation by the undersigned to purchase through Morgan Joseph for the undersigneds' account, within the forty-trading day period commencing on the date separate trading of the Warrants commences ("Separation Date"), up to a total of 1,571,429 Warrants at market prices not to exceed $0.70 per Warrant ("Maximum Warrant Purchase"). Morgan Joseph agrees to fill such order in such amounts and at such times as instructed by the undersigned during the forty-trading day period commencing on the Separation Date. Morgan Joseph further agrees that it will not charge the undersigned any fees and/or commissions with respect to such purchase obligation. The undersigned may notify Morgan Joseph that all or part of the Maximum Warrant Purchase will be made by affiliates of the undersigned (or another person or entity introduced to Morgan Joseph by the undersigned (a "Designee")) who (or which) has an account at Morgan Joseph and, in such event, Morgan Joseph will make such purchase on behalf of said affiliate or Designee; provided, however, that the undersigned hereby agree to make payment of the purchase price of such purchase in the event that the affiliate or Designee fails to make such payment. Each of the undersigned agree that neither he nor any affiliate or Designee shall sell or transfer the Warrants until after the consummation of a merger, capital stock exchange, asset acquisition or other similar business combination with an operating business and acknowledges that, at the option of Morgan Joseph, the certificates for such Warrants shall contain a legend indicating such restriction on transferability. Very truly yours, ------------------ Nathan Leight ------------------ Jason Weiss