UNDERWRITING AGREEMENTUnderwriting Agreement • January 23rd, 2019 • Bionik Laboratories Corp. • Orthopedic, prosthetic & surgical appliances & supplies • New York
The undersigned, Bionik Laboratories Corp. (the “Company”), hereby confirms its agreement (this “Agreement”) with WestPark Capital, Inc. (the “Representative”) and with the other underwriters, if any, 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:
EXHIBIT A Form of Representative’s Warrant AgreementRepresentative’s Warrant Agreement • January 23rd, 2019 • Bionik Laboratories Corp. • Orthopedic, prosthetic & surgical appliances & supplies
THIS WARRANT TO PURCHASE COMMON STOCK (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 ____, 2020 (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(f)(2)(G)(i), prior to 5:00 p.m. (New York time) on the date that is five (5) years following the Effective Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Bionik Laboratories Corp., a Delaware corporation (the “Company”), up to ______ shares of Common Stock (the “Warrant Shares”), as subject to adjustment hereunder. 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).
