UNDERWRITING AGREEMENT between ACTIVECARE, INC. and JOSEPH GUNNAR & CO., LLC as Representative of the Several Underwriters ACTIVECARE, INC.Underwriting Agreement • February 3rd, 2017 • Activecare, Inc. • Communications equipment, nec • New York
The undersigned, ActiveCare, Inc., a corporation formed under the laws of the State of Delaware (the “Company,” as used herein, the term “Company Group” collectively refers to the Company together with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries of the Company), hereby confirms its agreement (this “Agreement”) with Joseph Gunnar & Co., LLC. (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:
LOCK-UP AGREEMENTLock-Up Agreement • February 3rd, 2017 • Activecare, Inc. • Communications equipment, nec • Utah
This LOCK-UP AGREEMENT (this “Agreement”) is made and entered into as of ___________, 2017, by and between ActiveCare, Inc. (the “Company”) and the undersigned Series G Convertible Preferred Stock holder, (the “Holder”). For all purposes of this Agreement, “Holder” includes any affiliate or controlling person of Shareholder, and any other agent, representative or other person with whom Holder is acting in concert.
