Underwriting Agreement between BANYAN Acquisition Corporation and BTIG, LLC Dated August [ ], 2021 BANYAN Acquisition Corporation UNDERWRITING AGREEMENTUnderwriting Agreement • August 26th, 2021 • Banyan Acquisition Corp • Blank checks • New York
The undersigned, Banyan Acquisition Corporation, a Delaware corporation (the “Company”), hereby confirms its agreement with BTIG, LLC (“BTIG” or the “Representative”) and with the other underwriters named on Schedule A hereto, for which the Representative is acting as representative (the Representative and such other underwriters being collectively referred to herein as the “Underwriters” or, each underwriter individually, an “Underwriter,” provided that, if only BTIG is listed on such Schedule A, any references to the underwriters shall refer exclusively to BTIG) as follows:
BANYAN ACQUISITION SPONSOR LLC UNIT SUBSCRIPTION AGREEMENTSubscription Agreement • August 26th, 2021 • Banyan Acquisition Corp • Blank checks • Delaware
This subscription agreement (this “Agreement”) sets forth the terms of the agreement between Banyan Acquisition Sponsor LLC, a Delaware limited liability company (the “Company”), and the undersigned entity(ies) ( “Subscriber,” it being understood that to the extent that there is more than one Subscriber party hereto, references to Subscriber shall be deemed to refer to each related Subscriber hereto, severally and not jointly)1. The Company is the sponsor of Banyan Acquisition Corporation, a Delaware corporation (the “SPAC”), which is a blank check company formed for the purpose of effecting a merger, capital stock exchange, asset acquisition, stock purchase, reorganization or similar business combination with one or more businesses (a “Business Combination”), which intends to register its securities under the Securities Act of 1933, as amended (the “Securities Act”), in connection with its initial public offering (“IPO”).
