MOTUS GI HOLDINGS, INC. EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 16th, 2021 • Motus GI Holdings, Inc. • Surgical & medical instruments & apparatus • New York
As further set forth in this agreement (this “Agreement”), Motus GI Holdings, Inc., a Delaware corporation (the “Company”), proposes to issue and sell from time to time through Oppenheimer & Co. Inc. (the “Agent”), as sales agent, the Company’s common stock, par value $0.0001 per share (the “Common Stock”) (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”) on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of shares of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
