0001104659-24-125776 Sample Contracts

1,250,000 Shares* AUDIOEYE, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • December 5th, 2024 • Audioeye Inc • Services-prepackaged software

The stockholders of AudioEye, Inc., a Delaware corporation (the “Company”), named in Schedule II hereto (the “Selling Stockholders”) propose to sell an aggregate of 1,250,000 shares (the “Firm Shares”) of the Company’s common stock, $0.00001 par value per share (the “Common Stock”), in each case to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representative (the “Representative”). The Selling Stockholders have also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional 187,500 shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”

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