Winc, Inc. (a Delaware corporation) [--] Shares of Common Stock UNDERWRITING AGREEMENT Dated: [--], 2021 WINC, INC. (a Delaware corporation) [--] Shares of Common StockUnderwriting Agreement • October 13th, 2021 • Winc, Inc. • Retail-miscellaneous retail • New York
Winc, Inc., a Delaware corporation (the “Company”), confirms its agreement with BofA Securities, Inc. (“BofA”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $[--] per share, of the Company (“Common Stock”) set forth in Schedule A hereto and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of [--] additional shares of Common Stock. The aforesaid shares of Common Stock (the “Initial Securities”) to be purchased by the Underwriters and all or any part of the [--] share
INDEMNIFICATION And Advancement AGREEMENTIndemnification & Liability • October 13th, 2021 • Winc, Inc. • Retail-miscellaneous retail • Delaware
This Indemnification and Advancement Agreement (this “Agreement”) is made as of _______________ by and between Winc, Inc., a Delaware corporation (the “Company”), and _______________, [a member of the Board of Directors/an officer/an employee/an agent/a fiduciary] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering indemnification and advancement.
