UNDERWRITING AGREEMENT between VUZIX CORPORATION and AEGIS CAPITAL CORP., as Representative of the Several Underwriters VUZIX CORPORATIONUnderwriting Agreement • June 3rd, 2013 • Vuzix Corp • Radio & tv broadcasting & communications equipment • New York
The undersigned, Vuzix Corporation, a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Vuzix Corporation, the “Company”), hereby confirms its agreement (this “Agreement”) with Aegis Capital Corp. (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
VUZIX CORPORATION WARRANT AGENCY AGREEMENTWarrant Agency Agreement • June 3rd, 2013 • Vuzix Corp • Radio & tv broadcasting & communications equipment • New York
WARRANT AGENCY AGREEMENT made as of [__], 2013 (the “Issuance Date”), between Vuzix Corporation, a Delaware corporation, with offices at 2166 Brighton Henrietta Townline Road, Rochester, New York 14623 (“Company”), and Computershare Trust Company, N.A., with offices at 480 Washington Blvd., Jersey City, NJ 07310 (“Warrant Agent”).
