FORM OF COMMON STOCK PURCHASE WARRANT DATA STORAGE CORPORATIONCommon Stock Purchase Warrant • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, [_____________] or its 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 hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_____], 2026[1] (the “Termination Date”) but not thereafter, to subscribe for and purchase from Data Storage Corporation, a company incorporated under the laws of the State of Nevada (the “Company”), up to [______] shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 20th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 19, 2021, between Data Storage Corporation, a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
Form of Representative’s Warrant AgreementWarrant Agreement • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, MAXIM PARTNERS LLC or its 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 [∙], 2021, the date that is 180 days from the Closing Date (the “Initial Exercise Date”), and in accordance with FINRA Rule 5110(f)(2)(G)(8), prior to 5:00 p.m. (New York time) on [∙], 2026, the date that is five (5) years following the commencement of sales of the securities issued in connection with this offering (the “Termination Date”) but not thereafter, to subscribe for and purchase from DATA STORAGE CORPORATION, a Nevada corporation (the “Company”), up to [∙] ([∙]) shares of Common Stock, par value $0.001 per share (the “Common Stock”), of the Company (the “Warrant Shares”), as subject to adjustment hereunder. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise P
DATA STORAGE CORPORATION and VSTOCK TRANSFER, LLC, as Warrant AgentWarrant Agency Agreement • May 18th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
WARRANT AGENCY AGREEMENT, dated as of May 18, 2021 (this “Agreement”), between DATA STORAGE CORPORATION, a corporation organized under the laws of the State of Nevada (the “Company”), and VSTOCK TRANSFER, LLC, a limited liability company organized under the laws of New Jersey (the “Warrant Agent”).
COMMON STOCK PURCHASE WARRANT DATA STORAGE CORPORATIONSecurity Agreement • July 20th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [_____________] or its 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 July [__], 2021 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January [__], 20271 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Data Storage Corporation, a Nevada corporation (the “Company”), up to [______] shares (as subject to adjustment hereunder, the “Warrant Shares”) of 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).
EQUITY PURCHASE AGREEMENT BY AND BETWEEN DATA STORAGE CORPORATION AND SOUTHRIDGE PARTNERS II, LP Dated November 29, 2011Equity Purchase Agreement • December 2nd, 2011 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS EQUITY PURCHASE AGREEMENT entered into as of the 29th day of November, 2011 (this "AGREEMENT"), by and between SOUTHRIDGE PARTNERS II, LP, Delaware limited partnership ("INVESTOR"), and DATA STORAGE CORPORATION, a Nevada corporation (the "COMPANY").
UNITS CONSISTING OF [____] SHARES OF COMMON STOCK AND [____] WARRANTS (EXERCISABLE FOR [____] SHAREs) OF DATA STORAGE CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
The undersigned, DATA STORAGE CORPORATION, a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of DATA STORAGE CORPORATION, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which MAXIM GROUP LLC is acting as representative to the several Underwriters (in such capacity, the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriters) on the terms and conditions set forth herein.
DATA STORAGE CORPORATION Up to $10,600,000 of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • July 18th, 2024 • Data Storage Corp • Services-computer processing & data preparation • New York
Data Storage Corporation, a Nevada corporation (the “Company”), proposes to issue and sell through Maxim Group LLC (the “Agent”), as sales agent, common stock of the Company, par value $0.001 per share (the “Common Stock”), having an aggregate offering price of up to $10,600,000 of Common Stock (the Common Stock subject to this Equity Distribution Agreement (this “Agreement”) being referred to herein as the “Shares”) on terms set forth herein. The Shares consist entirely of authorized but unissued Common Stock to be issued and sold by the Company.
Representative’s Warrant AgreementRepresentative’s Warrant Agreement • May 18th, 2021 • Data Storage Corp • Services-computer processing & data preparation
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, MAXIM PARTNERS LLC or its 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 November 14, 2021, the date that is 180 days from the Closing Date (the “Initial Exercise Date”), and in accordance with FINRA Rule 5110(f)(2)(G)(8), prior to 5:00 p.m. (New York time) on May 18, 2026, the date that is five (5) years following the commencement of sales of the securities issued in connection with this offering (the “Termination Date”) but not thereafter, to subscribe for and purchase from DATA STORAGE CORPORATION, a Nevada corporation (the “Company”), up to eighty thousand (80,000) shares of Common Stock, par value $0.001 per share (the “Common Stock”), of the Company (the “Warrant Shares”), as subject to adjustment hereunder. The purchase price of one share of Common Stock under this Warrant shall
1,600,000 UNITS CONSISTING OF 1,600,000 SHARES OF COMMON STOCK AND 1,600,000 WARRANTS (EXERCISABLE FOR 1,600,000 SHAREs) OF DATA STORAGE CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
The undersigned, DATA STORAGE CORPORATION, a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of DATA STORAGE CORPORATION, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which MAXIM GROUP LLC is acting as representative to the several Underwriters (in such capacity, the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriters) on the terms and conditions set forth herein.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 2nd, 2011 • Data Storage Corp • Services-computer processing & data preparation • New York
This Registration Rights Agreement ("Agreement"), dated November 29, 2011, is made by and between DATA STORAGE CORPORATION a Nevada corporation ("Company"), and SOUTHRIDGE PARTNERS II, LP, a Delaware limited partnership (the "Investor").
DISTRIBUTION AND MRKETING AGREEMENT BETWEENDistribution Agreement • December 19th, 2007 • Euro Trend Inc.
STOCK PURCHASE AGREEMENTStock Purchase Agreement • November 7th, 2012 • Data Storage Corp • Services-computer processing & data preparation • Nevada
This Stock Purchase Agreement (this “Agreement”), dated as of October 31, 2012, is between Data Storage Corporation, a Nevada corporation (the “Company”), and Zojax Group, LLC, a California limited liability company (the “Investor”).
NONQUALIFIED STOCK OPTION GRANT AGREEMENT DATA STORAGE CORPORATION 2021 STOCK INCENTIVE PLANNonqualified Stock Option Grant Agreement • June 5th, 2023 • Data Storage Corp • Services-computer processing & data preparation • Nevada
This Stock Option Grant Agreement (the “Grant Agreement”) is made and entered into effective on the Date of Grant set forth in Exhibit A (the “Date of Grant”) by and between Data Storage Corporation, a Nevada corporation (the “Company”), and the individual named in Exhibit A hereto (the “Optionee”).
CONVERSION AGREEMENTConversion Agreement • October 31st, 2016 • Data Storage Corp • Services-computer processing & data preparation
THIS CONVERSION AGREEMENT (the "Agreement"), dated as of October 25, 2016 is made by and between Data Storage Corporation, a Nevada corporation (the “Company”), and Clifford Stein (the “Debt Holder”).
RESTRICTED STOCK UNIT AWARD AGREEMENT DATA STORAGE CORPORATION 2021 STOCK INCENTIVE PLANRestricted Stock Unit Award Agreement • June 5th, 2023 • Data Storage Corp • Services-computer processing & data preparation • Nevada
This Restricted Stock Unit Award Agreement (the “Agreement” or “Award Agreement”), dated as of the “Award Date” set forth in the attached Exhibit A, is entered into between Data Storage Corporation, a Nevada corporation (the “Company”), and the individual named in Exhibit A hereto (the “Awardee”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • September 13th, 2012 • Data Storage Corp • Services-computer processing & data preparation • Nevada
This Stock Purchase Agreement (this "Agreement"), dated as of September 7, 2012, is between Data Storage Corporation, a Nevada corporation (the "Company"), and John F. Coghlan (collectively, the "Investor").
INCENTIVE STOCK OPTION GRANT AGREEMENT DATA STORAGE CORPORATION 2021 STOCK INCENTIVE PLANIncentive Stock Option Grant Agreement • June 5th, 2023 • Data Storage Corp • Services-computer processing & data preparation • Nevada
This Stock Option Grant Agreement (the “Grant Agreement”) is made and entered into effective on the Date of Grant set forth in Exhibit A (the “Date of Grant”) by and between Data Storage Corporation, a Nevada corporation (the “Company”), and the individual named in Exhibit A hereto (the “Optionee”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • October 31st, 2016 • Data Storage Corp • Services-computer processing & data preparation • New York
ASSET PURCHASE AGREEMENT dated as of the 25th day of October, 2016, by and among Data Storage Corporation Inc., a Delaware corporation with offices located at 68 South Service Road, Suite 100, Melville, New York 11747 (“Purchaser”) and Data Storage Corporation, a Nevada corporation a (“DTST”), on one hand, and Harold Schwartz and Thomas Kempster (each, a “Stockholder,” and collectively, the “Stockholders”), and ABC Services Inc., a New York corporation with offices located at 48 South Service Road, Suite LL90, Melville, New York 11747 (“Seller”), on the other hand.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 20th, 2013 • Data Storage Corp • Services-computer processing & data preparation • Nevada
This Securities Purchase Agreement (this “Agreement”), dated as of February 28, 2013, is between Data Storage Corporation, a Nevada corporation (the “Company”), and John F. Coghlan (collectively, the “Investor”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 3rd, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made as of May 31, 2021, by and between Flagship Solutions, LLC, a Florida limited liability company (“Flagship”), and Mark Wyllie, an individual (the “Executive”). Flagship and the Executive are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 31st, 2023 • Data Storage Corp • Services-computer processing & data preparation • New York
This EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”) is entered into as of March __, 2023 and effective as of January 1, 2023 (the “Effective Date”), by and between Data Storage Corporation, a Nevada corporation, together with such subsidiaries of the Company as may from time to time exist (the “Company”), and Chris H. Panagiotakos, Chief Financial Officer, an individual (the “Executive”). The Company and Executive are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”
SHARE EXCHANGE AGREEMENTShare Exchange Agreement • June 29th, 2009 • Data Storage Corp • Wholesale-apparel, piece goods & notions • New York
This Share Exchange Agreement (the “Agreement”) dated as of the 20th day of October 2008, by and among Euro Trend Inc., a Nevada corporation (the “Company”), Data Storage Corporation, a Delaware corporation (“Data Storage”), and the shareholders of Data Storage named on the signature page of this Agreement (collectively, the “Shareholders” and each, individually, a “Shareholder”).
ContractWarrant Agreement • May 20th, 2013 • Data Storage Corp • Services-computer processing & data preparation
THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”) AND MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER THE ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 23rd, 2010 • Data Storage Corp • Services-computer processing & data preparation
This Asset Purchase Agreement (this “Agreement”) is entered into this 17th day of June, 2010 (the “Effective Date”), between SafeData, LLC, a Delaware limited liability company (the “Seller”), and Data Storage Corporation, a Delaware corporation (the “Purchaser”).
CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED BASED ON A REQUEST FOR CONFIDENTIAL TREATMENT OMITTED PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 7th, 2012 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS ESCROW AGREEMENT (the “Agreement”) is entered into effective as of October 31, 2012 (the “Effective Date”), by and among: (1) MESSAGE LOGIC, INC., a Delaware corporation (the “Seller”); (2) DATA STORAGE CORPORATION, a Delaware corporation (the “Buyer”); (3) Enterprise Bank and Trust Company, a Massachusetts banking institution (“Enterprise”); (4) ZOJAX GROUP, LLC, a California limited liability company (“Zojax”); and (5) Kelley Drye & Warren LLP (the “Escrow Agent”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • November 13th, 2017 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of the 13th day of November 2017 (the “Start Date”), by and between John Camello (the “Executive”), and Nexxis Inc., a Nevada corporation, currently headquartered at 68 South Service Road, Suite 100, Melville, New York 11747 (the “Company”) and Data Storage Corporation (“Data Storage Corporation”), a Nevada Corporation, currently headquartered at 68 South Service Road, Suite 100, Melville, New York 11747.
SUBLEASE AGREEMENTSublease Agreement • March 27th, 2024 • Data Storage Corp • Services-computer processing & data preparation
THIS AGREEMENT, made as of the_ day of January, 2024 (the “Effective Date”), between SENTINEL BENEFITS GROUP, LLC, a Delaware limited liability company (“SBG LLC”), and SENTINEL BENEFITS GROUP, INC., a Massachusetts corporation (“SBG Corp.”, and together with, SBG LLC hereinafter referred to as the “Sublessor”), having an address at 100 Quannapowitt Parkway, Wakefield, MA 01880, and DATA STORAGE CORPORATION, a corporation duly organized and validly existing under the laws of the State of Nevada and authorized to transact business in the State of New York (hereinafter referred to as the “Sublessee”), having an address at 48 South Service Road, Suite 203, Melville, NY 11747.
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • July 20th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • January 30th, 2013 • Data Storage Corp • Services-computer processing & data preparation • New York
JOINT FILING AGREEMENTJoint Filing Agreement • October 1st, 2012 • Data Storage Corp • Services-computer processing & data preparation
The undersigned hereby agree that the statement on Schedule 13D with respect to the shares of common stock of Data Storage Corp. is, and any amendment thereto signed by or on behalf of each of the undersigned shall be, filed on behalf of each of the undersigned pursuant to and in accordance with the provisions of Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended. The undersigned hereby further agree that this Joint Filing Agreement be included as an exhibit to such statement and any such amendment. This Joint Filing Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
JOINT VENTURE — STRATEGIC ALLIANCE AGREEMENT OF UTC - DSCJoint Venture Agreement • March 3rd, 2010 • Data Storage Corp • Services-computer processing & data preparation • New York
This Joint Venture Agreement ("Agreement") is made on this 2nd day of March, 2010 (the "Effective Date") BY AND BETWEEN: Data Storage Corporation, a Delaware Corporation ("Partner I") AND - United Telecomp, LLC, a New Jersey Limited Liability Company ("Partner 2") (each a "Party" and collectively the "Parties").
EMPLOYMENT AGREEMENT AMENDMENTEmployment Agreement • March 28th, 2024 • Data Storage Corp • Services-computer processing & data preparation
This AMENDMENT TO THE EMPLOYMENT AGREEMENT (“Amendment”) is entered into on and effective January 1, 2024, between DATA STORAGE CORPORATION (the “Company”), with an office at 48 South Service Road, Melville, New York 11747, and CHRIS H. PANAGIOTAKIS (“Executive”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 1st, 2019 • Data Storage Corp • Services-computer processing & data preparation • Florida
STOCK PURCHASE AGREEMENT (this “Agreement”) made as of this 5 day of November 2018 (the “Effective Date”), by and between TODD A. CORRELL, with an address located at c/o Broadsmart Florida, Inc., 1314 E. Las Olas Blvd. Suite 1044, Fort Lauderdale, FL 33301 (“Correll”), THOMAS J. THARRINGTON, with an address located at c/o Broadsmart Florida, Inc., 1314 E. Las Olas Blvd. Suite 1044, Fort Lauderdale, FL 33301 (“Tharrington” and together with Correll, “Seller”), and Broadsmart Florida, Inc., a corporation organized under the laws of the State of Florida with its principal address located at 1314 E. Las Olas Blvd. Suite 1044, Fort Lauderdale, FL 33301 (the “Company”), on one side, and NEXXIS INC., with an address located at 48 South Service Road, Melville, NY 11747 (“Buyer”), on the other side.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 12th, 2008 • Euro Trend Inc. • Wholesale-apparel, piece goods & notions • New York
This ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of November 10, 2008, by and between Data Storage Corporation, a Delaware Corporation (“Purchaser”), and Novastor Corporation., a California corporation (“Seller” or “Novastor”).
