SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of ______, 2022, between WiSA Technologies, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
PRE-FUNDED COMMON STOCK PURCHASE WARRANT WISA TECHNOLOGIES, INC.Pre-Funded Common Stock Purchase Warrant • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, _____________, 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 the date hereof (the “Initial Exercise Date”), and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for from WiSA Technologies, Inc., a Delaware corporation (the “Company”), up to ______ shares of Common Stock (as subject to adjustment hereunder, the “Warrant Shares”). The subscription price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right to elect to
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
This letter agreement (the “Agreement”) constitutes the agreement between Maxim Group LLC (“Maxim” or the “Placement Agent”) and WiSA Technologies, Inc., a Delaware corporation (together with its subsidiaries, the “Company”), that Maxim shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, for the proposed placement to certain purchasers (the “Purchasers”) of up to an aggregate of (i) [___] common units (each a “Common Unit” and collectively, the “Common Units”), with each Common Unit consisting of (A) one share (each a “Share” and collectively, the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), (B) one Series A common stock purchase warrant (each a “Series A Warrant” and collectively, the “Series A Warrants”) to purchase one share of Common Stock (the “Series A Warrant Shares”) exercisable immediately and expiring five years after the date of issuance at an exercise price of $[__] per share of Co
WARRANT AGENCY AGREEMENTWarrant Agency Agreement • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices
WARRANT AGENCY AGREEMENT (this “Warrant Agreement”) dated as of [________], 2022 (the “Issuance Date”) between WiSA Technologies, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and VStock Transfer, LLC (the “Warrant Agent”).
SERIES B COMMON STOCK PURCHASE WARRANT WISA TECHNOLOGIES, INC.Warrant Agreement • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
THIS SERIES B COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value of $0.0001 received by the Company, _____ 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 the Issuance Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the date that is the five (5) year anniversary of the Initial Exercise Date, provided that, if such date is not a Trading Day, the date that is the immediately following Trading Day (the “Termination Date”) but not thereafter, to subscribe for from WiSA Technologies, Inc., a Delaware corporation (the “Company”), up to ______ shares of Common Stock (as subject to adjustment hereunder, the “Warrant Shares”); provided, however, that if the sum of the number of shares of Common Stock issued pursuant to the Registration Statement and the Purchase Agreement and the number of shares issuable upon exercis
VOTING AGREEMENTVoting Agreement • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices
This Voting Agreement (this “Voting Agreement”) is being delivered to you in connection with an understanding by and between WiSA Technologies, Inc. a Delaware corporation (the “Company”), and the person or persons named on the signature pages hereto.
SERIES A COMMON STOCK PURCHASE WARRANT WISA TECHNOLOGIES, INC.Warrant Agreement • November 22nd, 2022 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
THIS SERIES A COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value of $0.0001 received by the Company, _____ 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 _______, 2022 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ________, 2027 (the “Termination Date”) but not thereafter, to subscribe for from WiSA Technologies, Inc., a Delaware corporation (the “Company”), up to ______ shares of Common Stock (as subject to adjustment hereunder, the “Warrant Shares”). The subscription price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subje
