Monday, August 15, 2022 1:14:47 PM
25,000,000 @ .05 = $1,250,000 minimum for the extension
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with the amendment to that senior secured promissory note in the principal amount of $6,050,000.00 issued to the Holder (as defined below) on October 27, 2021) (the “Note”), Auctus Fund, LLC, a Delaware limited liability company (including any permitted and registered assigns, 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 of issuance hereof, to purchase from XERIANT, INC., a Nevada corporation (the “Company”), 25,000,000 shares of Common Stock (the “Warrant Shares”) (whereby such number may be adjusted from time to time pursuant to the terms and conditions of this Warrant) at the Exercise Price per share then in effect. This Warrant is issued by the Company as of the date hereof in connection with that certain amendment dated July 26, 2022, to the Note, by and among the Company and the Holder. The “Purchase Agreement” shall mean that certain securities purchase agreement entered into by Holder and Company on October 27, 2021, in connection with the Note.
Capitalized terms used in this Warrant shall have the meanings set forth in the Purchase Agreement unless otherwise defined in the body of this Warrant or in Section 12 below. For purposes of this Warrant, the term “Exercise Price” shall mean $0.09, subject to adjustment as provided herein (including but not limited to cashless exercise), and the term “Exercise Period” shall mean the period commencing on the Issuance Date and ending on 5:00 p.m. eastern standard time on the five-year anniversary thereof.
https://www.sec.gov/Archives/edgar/data/1481504/000147793222005599/xeri_ex41.htm
Now only 78 days until default
TIC TOC
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