MOBILICOM LIMITED AND THE BANK OF NEW YORK MELLONDeposit Agreement • June 6th, 2022 • Mobilicom LTD • Aircraft • New York
DEPOSIT AGREEMENT dated as of __________, 2022 among MOBILICOM LIMITED, a company incorporated under the laws of the Commonwealth of Australia (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders (each as hereinafter defined) from time to time of American Depositary Shares issued hereunder.
EXHIBIT A Form of Representative’s Warrant AgreementWarrant Agreement • June 6th, 2022 • Mobilicom LTD • Aircraft
THIS WARRANT TO PURCHASE COMMON STOCK (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 ____, 2022 (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(g)(8)(A), prior to at 5:00 p.m. (New York time) on the date that is five (5) years following the Effective Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Mobilicom Limited, a company organized under the laws of Australia (the “Company”), up to ______ American Depositary Shares (“ADSs”), each ADS representing ___________ shares of Common Stock (“Shares”), no par value, of the Company (the “Warrant Shares”), as subject to adjustment hereunder. The purchase price of one ADS under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
