PURPLE INNOVATION, INC. (a Delaware corporation) 7,308,792 Shares of Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 20th, 2021 • Purple Innovation, Inc. • Household furniture • New York
Contract Type FiledMay 20th, 2021 Company Industry JurisdictionPurple Innovation, Inc., a Delaware corporation (the “Company”), and the persons listed in Schedule B hereto (the “Selling Stockholders”), confirm their respective agreements with BofA Securities, Inc. (the “BofA”), and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA is acting as representative (in such capacity, the “Representative”), with respect to (i) the sale by the Selling Stockholders and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Class A common stock, par value $0.0001 per share, of the Company (the “Class A Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Selling Stockholders to the Underwriter of the option described in Section 2(b) hereof to purchase all or any part of 1,096,318 additional shares of Class A Common Stock.