First Amendment to Warrant Agreement between American Superconductor Corporation and Hercules Technology Growth Capital, Inc.

Contract Categories: Business Finance › Warrant Agreements
Summary

This amendment, dated November 15, 2013, is between American Superconductor Corporation and Hercules Technology Growth Capital, Inc. It modifies the original Warrant Agreement from June 5, 2012, specifically changing the exercise price for purchasing common shares to $1.95, subject to adjustment. All other terms of the original warrant remain unchanged. The amendment is effective upon signing by both parties.

Read More Arrow
EX-4.2 3 d623764dex42.htm EX-4.2 EX-4.2

Exhibit 4.2

FIRST AMENDMENT

TO

WARRANT AGREEMENT

THIS FIRST AMENDMENT TO WARRANT AGREEMENT (this “Amendment”) is entered into as of November 15, 2013, by and between HERCULES TECHNOLOGY GROWTH CAPITAL, INC. (“Warrantholder”) and AMERICAN SUPERCONDUCTOR CORPORATION (“Company”).

RECITALS

Company and Warrantholder are parties to that certain Warrant Agreement to Purchase Common Shares of Company dated as of June 5, 2012 (the “Warrant”). Unless otherwise defined herein, capitalized terms in this Amendment shall have the meanings assigned in the Warrant. In connection with the First Amendment to Loan and Security Agreement of even date, the parties desire to amend the Warrant in accordance with the terms of this Amendment.

NOW, THEREFORE, the parties agree as follows:

 

1. The term “Exercise Price” defined in Section 1 of the Warrant is amended to read as follows:

“Exercise Price” means $1.95, subject to adjustment pursuant to Section 8.

 

2. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. Except as amended hereby, the Warrant remains in full force and effect.

IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the first date above written.

 

AMERICAN SUPERCONDUCTOR CORPORATION
By:  

/s/ David Henry

Title:   Senior Vice President and Chief Financial Officer
HERCULES TECHNOLOGY GROWTH CAPITAL, INC.
By:  

/s/ Ben Bang

Title:   Senior Counsel