●] Shares of Common Stock [●] Shares of Series 6 Convertible Preferred Stock and Series A Warrants to Purchase up to [●] Shares of Common Stock INPIXON UNDERWRITING AGREEMENTUnderwriting Agreement • August 9th, 2019 • Inpixon • Services-computer programming services • New York
Inpixon, a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Ladenburg Thalmann & Co. and Maxim Group LLC are acting as the representatives (the “Representatives”), an aggregate of (i) [●] authorized but unissued shares (the “Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company, (ii) [●] authorized but unissued shares of the Company’s Series 6 Convertible Preferred Stock (the “Preferred Shares”), convertible into shares of Common Stock (the “Conversion Shares”) and having the relative rights, preferences and limitations set forth the Certificate of Designation of Preferences, Rights and Limitations of Series 6 Convertible Preferred Stock attached hereto as Exhibit A (the “Certificate of Designation”), and (iii) Series A warrants (the “Warrants”) to purchase up to an aggregate of [●]
