0001047469-15-004988 Sample Contracts

Underwriting Agreement
Underwriting Agreement • May 26th, 2015 • DAVIDsTEA Inc. • Retail-food stores • New York

DAVIDsTEA Inc., a corporation incorporated under the Canada Business Corporations Act (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [ ] common shares, no par value per share (“Common Shares”), of the Company and, at the election of the Underwriters, up to an additional [ ] additional Common Shares, and the shareholders of the Company named in Schedule II hereto (the “Selling Shareholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] Common Shares and, at the election of the Underwriters, up to [ ] additional Common Shares. The aggregate of [ ] Common Shares to be sold by the Company and the Selling Shareholders is herein called the “Firm Shares” and the aggregate of up to [ ] additional Common Shares to be sold by the Compa

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