0001140361-22-034996 Sample Contracts

PRE-FUNDED COMMON STOCK PURCHASE WARRANT CHEMBIO DIAGNOSTICS, INC.
Pre-Funded Common Stock Purchase Warrant • September 28th, 2022 • Chembio Diagnostics, Inc. • Pharmaceutical preparations • New York

THIS PRE-FUNDED COMMON STOCK 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”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Chembio Diagnostics, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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CHEMBIO DIAGNOSTICS, INC. and ACTION STOCK TRANSFER CORP. as Warrant Agent
Warrant Agency Agreement • September 28th, 2022 • Chembio Diagnostics, Inc. • Pharmaceutical preparations • New York

WARRANT AGENCY AGREEMENT, dated as of _________, 2022 (“Agreement”), between Chembio Diagnostics, Inc., a Nevada corporation (the “Company”), and Action Stock Transfer Corp., a ______ company, with offices at 2469 E. Fort Union Blvd., Suite 214, Salt Lake City, Utah 84121 (the “Warrant Agent”).

WARRANT SHARES) AND
Underwriting Agreement • September 28th, 2022 • Chembio Diagnostics, Inc. • Pharmaceutical preparations • New York

The undersigned, Chembio Diagnostics, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Chembio Diagnostics, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Craig-Hallum Capital Group LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

COMMON STOCK PURCHASE WARRANT CHEMBIO DIAGNOSTICS, INC.
Common Stock Purchase Warrant • September 28th, 2022 • Chembio Diagnostics, Inc. • Pharmaceutical preparations • New York

THIS COMMON STOCK 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 Common Warrants Initial Exercise Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the five (5) year anniversary of the Common Warrants Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Chembio Diagnostics, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase 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

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