VIA E-MAIL Maxim Group LLC
EXHIBIT 10.2
January 30, 2023
VIA E-MAIL
Maxim Group LLC
000 Xxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xxxxxxxx X. Xxxxxx, Co-President
E-mail: xxxxxxx@xxxxxxxx.xxx
Blank Rome LLP
0000 Xxxxxx xx xxx Xxxxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xxxxxx Xxxxxx, Esq. and Xxxxxxx X. Xxxx, Esq.
E-mails: xxxxxx.xxxxxx@xxxxxxxxx.xxx; xxxxxxx.xxxx@xxxxxxxxx.xxx
Re: | Equity Distribution Agreement – Termination Notice |
Ladies and Gentlemen:
Reference is made to that certain Equity Distribution Agreement (the “Agreement”) dated as of September 13, 2022 by and between WiSA Technologies, Inc. (the “Company”) and Maxim Group LLC, with respect to shares of common stock, par value $0.0001 per share, of the Company, having an aggregate offering price of up to US$4,000,000. Capitalized terms used and not otherwise defined in this letter shall have the meanings given such terms in the Agreement.
The Company hereby elects to terminate the Agreement pursuant to Section 7 of the Agreement, subject to any rights that expressly survive termination as set forth in the Agreement, and this letter shall constitute written notice of the Company’s election to terminate the Agreement in accordance with Section 7 of the Agreement.
(Remainder of Page Intentionally Blank)
Sincerely yours, | |||
COMPANY: | |||
WISA TECHNOLOGIES, INC., | |||
a Delaware corporation | |||
By: | /s/ Xxxxx Xxxxx | ||
Name: | Xxxxx Xxxxx | ||
Title: | Chief Executive Officer |
cc: | Xxxxxxxx & Worcester LLP |
0000 Xxxxxxxx
Xxx Xxxx, XX 00000
Attn: Xxxxx X. Xxxxxxxxx, Esq.
E-mail: xxxxxxxxxx@xxxxxxxxxxx.xxx
Accepted and Agreed
MAXIM GROUP LLC, | |||
a New York limited liability company | |||
By: | /s/ Xxxxxxxx X. Xxxxxx | ||
Name: | Xxxxxxxx X. Xxxxxx | ||
Title: | Co-President |
[Signature Page to Termination Notice]