PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • September 8th, 2020 • DarioHealth Corp. • Surgical & medical instruments & apparatus • New York
This Placement Agency Agreement (“Agreement”) sets forth the terms upon which Aegis Capital Corp., a New York corporation (“Aegis” or “Placement Agent”), a registered broker-dealer and member of the Financial Industry Regulatory Authority (“FINRA”), shall be engaged by DarioHealth Corp., a Delaware corporation (the “Company”) to act as exclusive Placement Agent in connection with the private placement (the “Offering”) of shares of common stock, par value $0.0001 of the Company (“Common Stock”) issued at the “Minimum Price” (as defined in Nasdaq Rule 5635(d)) rounded down to the nearest whole share. The Company is also offering to certain purchasers, pre-funded warrants to purchase shares of Common Stock, in lieu of purchasing shares of Common Stock (the “Pre-Funded Warrants”). The purchase price of each Pre-Funded Warrant will be equal to the Minimum Price applicable for the closing in which the Pre-Funded Warrants are issued, minus $0.0001, and the exercise price of each Pre-Funded Wa
Registration Rights AgreementRegistration Rights Agreement • September 8th, 2020 • DarioHealth Corp. • Surgical & medical instruments & apparatus • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into effective as of _______, 2020 (the “Effective Date”) between DarioHealth Corp., a Delaware corporation (the “Company”), and the persons who have executed the signature page(s) hereto (each, a “Purchaser” and collectively, the “Purchasers”).
AMENDMENT NO. 1 TO PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • September 8th, 2020 • DarioHealth Corp. • Surgical & medical instruments & apparatus • New York
THIS AMENDMENT NO. 1 TO PLACEMENT AGENCY AGREEMENT, dated as of July 30, 2020 (this “Amendment”), is by and between DarioHealth Corp., a Delaware corporation (the “Company”) and Aegis Capital Corp., a New York corporation (the “Placement Agent”), a registered broker-dealer and member of the Financial Industry Regulatory Authority.
SUBSCRIPTION AGREEMENTSubscription Agreement and Registration Rights Agreement • September 8th, 2020 • DarioHealth Corp. • Surgical & medical instruments & apparatus • New York
