UNDERWRITING AGREEMENTUnderwriting Agreement • June 17th, 2021 • Creatd, Inc. • Services-allied to motion picture production • New York
The undersigned, Creatd, Inc., a Nevada corporation (the “Company”), hereby confirms its agreement (this “Agreement”) with The Benchmark Company, LLC (hereinafter 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:
Representative’s Warrant AgreementRepresentative’s Warrant Agreement • June 17th, 2021 • Creatd, Inc. • Services-allied to motion picture production
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, THE BENCHMARK COMPANY, LLC, 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 December [●], 2021 (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(f)(2)(G)(i), prior to June [●], 2026 at 5:00 p.m. (New York time) (the “Termination Date”) but not thereafter, to subscribe for and purchase from CREATD, INC., a Nevada corporation (the “Company”), up to [●] shares of common stock, par value $0.001 per share (“Common Stock”), of the Company (the “Warrant Shares”), as subject to adjustment hereunder. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
