FORM OF PLACEMENT AGENT WARRANT SUMMIT WIRELESS TECHNOLOGIES, INC.Summit Wireless Technologies, Inc. • March 26th, 2020 • Semiconductors & related devices
THIS PLACEMENT AGENT 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 September 19, 2020 (the “Initial Exercise Date”) and prior to 5:00 p.m. (New York time) on the date that is five (5) years following the Initial Issuance Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from SUMMIT WIRELESS TECHNOLOGIES, INC., a Delaware corporation (the “Company”), 408,0001 shares of common stock, par value $0.0001 per share, of the Company, subject to adjustment (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 Price, as defined in Section 2(b).
ContractSummit Wireless Technologies, Inc. • March 26th, 2020 • Semiconductors & related devices • New York
THIS NOTE HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS NOTE MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.
ContractSummit Wireless Technologies, Inc. • March 26th, 2020 • Semiconductors & related devices
THIS WARRANT HAS NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY.
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 26th, 2020 • Summit Wireless Technologies, Inc. • Semiconductors & related devices • New York
This Securities Purchase Agreement (as amended, supplemented, restated and/or modified from time to time, this “Agreement”) is entered into as of March [__], 2020, by and between Summit Wireless Technologies, Inc., a Delaware corporation (the “Company”), and [________] (the “Investor”).
FORM OF PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • March 26th, 2020 • Summit Wireless Technologies, Inc. • Semiconductors & related devices • New York
FORM OF TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • March 26th, 2020 • Summit Wireless Technologies, Inc. • Semiconductors & related devices • New York
This TRADEMARK SECURITY AGREEMENT (this "Trademark Security Agreement") is entered into as of March [__], 2020 by and between SUMMIT WIRELESS TECHNOLOGIES, INC., a Delaware corporation (the "Grantor") and [___________] (the "Secured Party").
FORM OF SECURITY AGREEMENTForm of Security Agreement • March 26th, 2020 • Summit Wireless Technologies, Inc. • Semiconductors & related devices
SECURITY AGREEMENT (this "Agreement"), dated as of March [__], 2020, by and between Summit Wireless Technologies, Inc., a Delaware corporation (the "Company") and [_________] (the "Secured Party").
FORM OF PATENT SECURITY AGREEMENTPatent Security Agreement • March 26th, 2020 • Summit Wireless Technologies, Inc. • Semiconductors & related devices • New York
This PATENT SECURITY AGREEMENT (this "Patent Security Agreement") is entered into as of March [__], 2020 by and between SUMMIT WIRELESS TECHNOLOGIES, INC., a Delaware corporation (the "Grantor") and [__________] (the "Secured Party").
FORM OF GUARANTYSummit Wireless Technologies, Inc. • March 26th, 2020 • Semiconductors & related devices • New York
GUARANTY (the "Guaranty"), dated as of March [__], 2020, by WiSA, LLC, a Delaware limited liability company (the "Guarantor") in favor of [__________] (the "Lender").
FORM OF PLEDGE AGREEMENTForm of Pledge Agreement • March 26th, 2020 • Summit Wireless Technologies, Inc. • Semiconductors & related devices
This PLEDGE AGREEMENT (this "Agreement") is made as of March [__], 2020, by and between Summit Wireless Technologies, Inc., a Delaware corporation (the "Company") and [________] (the "Secured Party").
