TRI-PARTY ESCROW AGREEMENTTri-Party Escrow Agreement • November 15th, 2024 • Energous Corp • Radio & tv broadcasting & communications equipment • Missouri
This ESCROW AGREEMENT (“Agreement”) is made and entered into as of October 24, 2024, by and among ENERGOUS CORPORATION D/B/A ENERGOUS WIRELESS POWER SOLUTIONS, a Delaware Corporation (the “Company”), DealMaker Securities LLC, a Delaware limited liability company (the “Managing Broker-Dealer”) Digital Offering, LLC, a Delaware limited liability company (the “Senior Managing Broker-Dealer”) and ENTERPRISE BANK & TRUST, a Missouri chartered trust company with banking powers (in its capacity as escrow holder, the “Escrow Agent”).
PUBLIC OFFERING SUBSCRIPTION AGREEMENT Units of Series A Preferred Stock and Warrants to Purchase Common Stock of Energous CorporationSubscription Agreement • November 15th, 2024 • Energous Corp • Radio & tv broadcasting & communications equipment • Delaware
This Subscription Agreement relates to my/our agreement to purchase units, with each unit consisting of one (1) share of Series A Preferred Stock, par value $0.00001 per share and 3 warrants, each to purchase one (1) share of common stock, $0.00001 par value per share of the Company, (the “Units”), to be issued by Energous Corporation, a Delaware corporation (the “Company”), for a purchase price of $1.50 per Unit, for a total purchase price of $0.00 USD USD (“Subscription Price”), subject to the terms, conditions, acknowledgments, representations and warranties stated herein and in the final offering circular for the sale of the Units, dated , 2024 (the “Offering Circular”). Capitalized terms used but not defined herein shall have the meanings given to them in the Offering Circular.
PUBLIC OFFERING SUBSCRIPTION AGREEMENT Units of Series A Preferred Stock and Warrants to Purchase Common Stock of Energous CorporationSubscription Agreement • November 15th, 2024 • Energous Corp • Radio & tv broadcasting & communications equipment • Delaware
This Subscription Agreement relates to my/our agreement to purchase ________ units, with each unit consisting of one (1) share of Series A Preferred Stock, par value $0.00001 per share and 3 warrants, each to purchase one (1) share of common stock, $0.00001 par value per share of the Company, (the “Units”), to be issued by Energous Corporation, a Delaware corporation (the “Company”), for a purchase price of $1.50 per Unit, for a total purchase price of $___________ (“Subscription Price”), subject to the terms, conditions, acknowledgments, representations and warranties stated herein and in the final offering circular for the sale of the Units, dated [*], 2024 contained in the offering statement on Form 1-A declared “qualified” by the Securities and Exchange Commission (the “SEC”) on [*], 2024 (the “Offering Circular”). Capitalized terms used but not defined herein shall have the meanings given to them in the Offering Circular.
PUBLIC OFFERING SUBSCRIPTION AGREEMENT Units of Series A Preferred Stock and Warrants to Purchase Common Stock of Energous CorporationSubscription Agreement • November 15th, 2024 • Energous Corp • Radio & tv broadcasting & communications equipment • Delaware
This Subscription Agreement relates to my/our agreement to purchase ________ units, with each unit consisting of one (1) share of Series A Preferred Stock, par value $0.00001 per share and 3 warrants, each to purchase one (1) share of common stock, $0.00001 par value per share of the Company, (the “Units”), to be issued by Energous Corporation, a Delaware corporation (the “Company”), for a purchase price of $1.50 per Unit, for a total purchase price of $___________ (“Subscription Price”), subject to the terms, conditions, acknowledgments, representations and warranties stated herein and in the final offering circular for the sale of the Units, dated [*], 2024 contained in the offering statement on Form 1-A declared “qualified” by the Securities and Exchange Commission (the “SEC”) on [*], 2024 (the “Offering Circular”). Capitalized terms used but not defined herein shall have the meanings given to them in the Offering Circular.
Re: First Amendment to Selling Agency (Engagement) AgreementSelling Agency Agreement • November 15th, 2024 • Energous Corp • Radio & tv broadcasting & communications equipment
Reference is made to the Selling Agency Agreement, dated July 18, 2024 (the “Engagement Letter”), by and between Energous Corporation (the “Company”) and Digital Offering LLC (“DO” or the “Selling Agent”), relating to the planned primary offering under Regulation A of the Securities Act of 1933, as amended (the “Offering”), by and for the Company consisting of units of the Company’s common stock and warrants to purchase common stock.
