SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 7th, 2023 • Enservco Corp • Oil & gas field services, nec • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is dated as of [•], 2023, between Enservco Corporation, 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”).
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • February 7th, 2023 • Enservco Corp • Oil & gas field services, nec
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 or times on or after [•], 2023 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the five-year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Enservco Corporation, a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.005 per share (the “Common Stock”) (as subject to adjustment hereunder, the “Warrant Shares”). 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).
Enservco Corporation 14133 Country Road 9 ½ Longmont, CO 80504 Attn: [Chief Executive Officer] Dear [•]:Placement Agent Agreement • February 7th, 2023 • Enservco Corp • Oil & gas field services, nec • New York
This letter (the “Agreement”) constitutes the agreement between A.G.P./Alliance Global Partners, as placement agent (the “Placement Agent”), and Enservco Corporation, a company incorporated under the laws of the State of Delaware (the “Company”), that the Placement Agent shall serve as the placement agent for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) of units, with each unit consisting of a combination of (i) one share (a “Share” and, collectively, the “Shares”) of the Company’s common stock, par value $0.005 per share (the “Common Stock”), (ii) one warrant to purchase a share of Common Stock of the Company (the “Common Warrants”), and/or (iii) pre-funded warrants to purchase one share of Common Stock (the “Pre-Funded Warrants”, and together with the Common Warrants, the “Warrants,” and collectively with the Shares, the “Securities”), depending on the beneficial ownership percentage of the purchaser of the Common Stoc
