SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 8th, 2021 • Pingtan Marine Enterprise Ltd. • Fishing, hunting and trapping • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 3, 2021, between Pingtan Marine Enterprise Ltd., an exempted company incorporated under the laws of the Cayman Islands (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
ORDINARY SHARE PURCHASE WARRANT Pingtan Marine Enterprise Ltd.Pingtan Marine Enterprise Ltd. • March 8th, 2021 • Fishing, hunting and trapping • New York
THIS ORDINARY SHARE PURCHASE WARRANT (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 the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_____], 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Pingtan Marine Enterprise Ltd., an exempted company incorporated under the laws of the Cayman Islands (the “Company”), up to [____] of ordinary shares each, $0.001 par value, of the Company (the “Ordinary Shares”) (the Ordinary Shares issuable hereunder, as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one Warrant Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
Pingtan Marine Enterprise Ltd. 18/F, Zhongshan Building A No. 154 Hudong Road Fuzhou, PRC 350001 Attn: LiMing Yung, Chief Financial Officer Dear Mr. Yung:Pingtan Marine Enterprise Ltd. • March 8th, 2021 • Fishing, hunting and trapping • New York
This letter (the “Agreement”) constitutes the agreement between Spartan Capital Securities, LLC (“Spartan” or the “Placement Agent”) and Pingtan Marine Enterprise Ltd. (the “Company”), that Spartan shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, in connection with any offering (each, a “Placement”) of securities of the Company during the Term (as hereinafter defined) of this Agreement. The terms of each Placement and the securities issued in connection therewith shall be mutually agreed upon by the Company and Spartan and nothing herein implies that Spartan would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any securities. The proposed Placement of securities is comprised of registered shares (the “Registered Shares”) of the Company’s ordinary shares, par value $0.001 per share (the “Ordinary Shares”) and registered Warrants to purchase Ordinary Shares (t
PLACEMENT AGENT ORDINARY SHARE PURCHASE WARRANT Pingtan Marine Enterprise Ltd.Pingtan Marine Enterprise Ltd. • March 8th, 2021 • Fishing, hunting and trapping • New York
THIS PLACEMENT AGENT ORDINARY SHARE PURCHASE WARRANT (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 the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [____], 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Pingtan Marine Enterprise Ltd., an exempted company incorporated under the laws of the Cayman Islands (the “Company”), up to [____] of ordinary shares each, $0.001 par value, of the Company (the “Ordinary Shares”) (the Ordinary Shares issuable hereunder, as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one Warrant Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain placement agent agreement,
