WARRANT AGENCY AGREEMENTWarrant Agency Agreement • February 7th, 2022 • Modular Medical, Inc. • Surgical & medical instruments & apparatus • New York
This WARRANT AGENCY AGREEMENT, dated as of [______], 2022 (“Agreement”), between Modular Medical, Inc., a Nevada corporation (the “Company”), and Colonial Stock Transfer Company, Inc., a New York limited liability trust company (the “Warrant Agent”).
MODULAR MEDICAL, INC. WARRANT TO PURCHASE COMMON STOCKWarrant Agreement • February 7th, 2022 • Modular Medical, Inc. • Surgical & medical instruments & apparatus • New York
Modular Medical, Inc., a company organized under the laws of Nevada (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CEDE & CO., the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after [___] (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), ____________ (____________) fully paid non-assessable shares of Common Stock (as defined below), subject to adjustment as provided herein (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, this “Warrant”), shall have the meanings set forth in
MODULAR MEDICAL, INC. [____] Shares of Common Stock [_____] Warrants UNDERWRITING AGREEMENTUnderwriting Agreement • February 7th, 2022 • Modular Medical, Inc. • Surgical & medical instruments & apparatus • New York
Modular Medical, Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters (the “Underwriters”) named on Schedule I to this Underwriting Agreement (the “Agreement”), for whom you are acting as Representative (the “Representative”), an aggregate of (i) [________] shares (the “Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”) and (ii) warrants, each warrant exercisable for one share of Common Stock at an exercise price of $[_____] per share with a term of five years (the “Warrants”). The respective amounts of the Shares and Warrants to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto.
OMNIBUS AMENDMENT AGREEMENTOmnibus Amendment Agreement • February 7th, 2022 • Modular Medical, Inc. • Surgical & medical instruments & apparatus
This Omnibus Amendment Agreement (this “Amendment”), dated as of February 3, 2022, by and between MODULAR MEDICAL, INC., a Nevada corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
