UNDERWRITING AGREEMENT between KIROMIC BIOPHARMA, INC. and THINKEQUITY A DIVISION OF FORDHAM FINANCIAL MANAGEMENT, INC. as Representative of the Several UnderwritersUnderwriting Agreement • June 25th, 2021 • Kiromic Biopharma, Inc. • Biological products, (no disgnostic substances) • New York
The undersigned, Kiromic BioPharma, Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Kiromic BioPharma, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity, a division of Fordham Financial Management, Inc., (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
WARRANT TO PURCHASE COMMON STOCK KIROMIC BIOPHARMA INC.Purchase Warrant Agreement • June 25th, 2021 • Kiromic Biopharma, Inc. • Biological products, (no disgnostic substances)
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, ThinkEquity, a division of Fordham Financial Management, Inc. 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 December ___, 2021 (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(f)(2)(G)(i), prior to at 5:00 p.m. (New York time) on the date (such date, the “Termination Date”) that is five (5) years following the effective date of the offering , but not thereafter, to subscribe for and purchase from Kiromic BioPharma, Inc., a Delaware corporation (the “Company”), up to [ ] shares of Common Stock, par value $0.001 per share, of the Company (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).
FIFTH AMENDMENT TO LEASE AGREEMENTLease Agreement • June 25th, 2021 • Kiromic Biopharma, Inc. • Biological products, (no disgnostic substances)
THIS FIFTH AMENDMENT (the “Fifth Amendment”) is made and entered into as of the Effective Date set forth on the signature page (the “Effective Date”) by and between CAMBRIDGE PROPERTIES (herein referred to as “Lessor”) and KIROMIC BIOPHARMA, INC, (herein referred to as “Lessee”) on the following terms and conditions, and thus;
SIXTH AMENDMENT TO LEASE AGREEMENTLease Agreement • June 25th, 2021 • Kiromic Biopharma, Inc. • Biological products, (no disgnostic substances)
THIS SIXTH AMENDMENT (the “Sixth Amendment”) is made and entered into as of the Effective Date set forth on the signature page (the “Effective Date”) by and between CAMBRIDGE PROPERTIES (herein referred to as “Lessor”) and KIROMIC BIOPHARMA, INC, (herein referred to as “Lessee”) on the following terms and conditions, and thus;
