PRE-FUNDED COMMON SHARES PURCHASE WARRANT PERFORMANCE SHIPPING INC.Performance Shipping Inc. • May 2nd, 2022 • Deep sea foreign transportation of freight • New York
THIS PRE-FUNDED COMMON SHARES PURCHASE WARRANT (the “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 and purchase from Performance Shipping Inc., a Republic of the Marshall Islands corporation (the “Company”), up to ______ Common Shares (as subject to adjustment hereunder, the “Warrant Shares”. The purchase price of one Common Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
PERFORMANCE SHIPPING, INC. And COMPUTERSHARE INC. COMPUTERSHARE TRUST COMPANY, N.A. as Warrant Agent Warrant Agency Agreement Dated as of May ,2022Warrant Agency Agreement • May 2nd, 2022 • Performance Shipping Inc. • Deep sea foreign transportation of freight • New York
WARRANT AGENCY AGREEMENT, dated as of May ___, 2022 (“Agreement”), between Performance Shipping, Inc., a corporation organized under the laws of the Republic of the Marshall Islands (the “Company”), and Computershare Inc., a Delaware corporation (“Computershare”), and its wholly-owned subsidiary, Computershare Trust Company, N.A., a federally chartered trust company (collectively with Computershare, the “Warrant Agent”).
PERFORMANCE SHIPPING INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 2nd, 2022 • Performance Shipping Inc. • Deep sea foreign transportation of freight • New York
The undersigned, Performance Shipping Inc., a corporation incorporated under the laws of the Republic of the Marshall Islands ( the “Company”) hereby confirms its agreement to issue and sell to and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”) an aggregate of units, (the “Units”), each unit consisting of one common share, $0.01 par value per share of the Company (“Common Shares” and the Common Shares sold as part of the Units, the “Firm Shares”) or one pre-funded warrant to purchase one Common Share at an exercise price of $0.01 per Common Share (the pre-funded warrants sold as part of the Units (the “Firm Pre-Funded Warrants”) together with one Class A Warrant to purchase one Common Share at an exercise price of $ per share (the Class A Warrants sold as part of the Units, the “Firm Purcha
