FORM OF WARRANT] KUSHCO HOLDINGS, INC. Warrant To Purchase Common StockWarrant to Purchase Common Stock • September 26th, 2019 • KushCo Holdings, Inc. • Miscellaneous plastics products • New York
KushCo Holdings, Inc., a Nevada corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, _________________, the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant to Purchase Common Stock (including any Warrants to purchase Common Stock issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after the Issuance Date, but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), _________________ (subject to adjustment as provided herein) fully paid and non-assessable shares of Common Stock (as defined below) (the “Warrant Shares”, and such number of Warrant Shares, the “Warrant Number”). Except as otherwise defined herein, capitalized terms in this Warran
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 26th, 2019 • KushCo Holdings, Inc. • Miscellaneous plastics products • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of the 26th day of September, 2019, by and between KushCo Holdings, Inc., a Nevada corporation (the “Company”) and the purchaser executing the purchase signature page attached hereto (the “Purchaser”);
KUSHCO HOLDINGS, INC. PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • September 26th, 2019 • KushCo Holdings, Inc. • Miscellaneous plastics products • New York
Introductory. KushCo Holdings, Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions herein, to issue and sell to certain investors (each, an “Investor” and collectively, the “Investors”) up to an aggregate of 17,197,570 units (the “Units”), each consisting of (i) one share (a “Share” and, collectively, the “Shares”) of its common stock, par value $0.001 per share (the “Common Stock”) and (ii) one warrant in the form of Exhibit B attached hereto (the “Warrant” and, collectively, the “Warrants”) to purchase 0.5 shares of Common Stock. The aggregate of 8,598,785 shares of Common Stock issuable upon the exercise of the Warrants are referred to herein as the “Warrant Shares”. The Warrant Shares, collectively with the Shares and the Warrants, are referred to herein as the “Securities”. Jefferies LLC (“Jefferies”) and A.G.P./Alliance Global Partners (“AGP”) have agreed to act as the placement agents (the “Placement Agents”) in connection with such issuance
