STRICTLY CONFIDENTIAL Fuel Tech, Inc. 27601 Bella Vista Parkway Warrenville, IL 60555-1617 Attn: Vincent J. Arnone, Chief Executive Officer Dear Mr. Arnone:Letter Agreement • February 18th, 2021 • Fuel Tech, Inc. • Industrial & commercial fans & blowers & air purifing equip • New York
This letter agreement (this “Agreement”) constitutes the agreement between Fuel Tech, Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering (each, an “Offering”) of securities of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright 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. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Company as Wainwright deems appropriate under the circumstances and to the receipt of all internal approvals of Wainwright in conne
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 18th, 2021 • Fuel Tech, Inc. • Industrial & commercial fans & blowers & air purifing equip • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of February 11, 2021, between Fuel Tech, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANTFuel Tech, Inc. • February 18th, 2021 • Industrial & commercial fans & blowers & air purifing equip
THIS PLACEMENT AGENT COMMON STOCK 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 , 2021 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the five and one half year anniversary of the Effective Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Fuel Tech, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. 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). This Warrant is issued by the Company pursuant to an Engagement Agreement, dated as of February 11, 2021, between the Company and H.C. Wainwright & Co., LLC.
COMMON STOCK PURCHASE WARRANTFuel Tech, Inc. • February 18th, 2021 • Industrial & commercial fans & blowers & air purifing equip
THIS COMMON STOCK 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 February 17, 2021 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the five and one half year anniversary of the Effective Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Fuel Tech, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. 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).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 18th, 2021 • Fuel Tech, Inc. • Industrial & commercial fans & blowers & air purifing equip
This Registration Rights Agreement (this “Agreement”) is made and entered into as of February 17, 2021, between Fuel Tech, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
