AQUA METALS, INC. 15,820,000 SHARES OF COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • July 19th, 2023 • Aqua Metals, Inc. • Secondary smelting & refining of nonferrous metals • New York
Aqua Metals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to The Benchmark Company, LLC (the “Underwriter”), an aggregate of 15,820,000 authorized but unissued shares (the “Firm Shares”) and, at the election of the Underwriter, up to 2,373,000 additional shares (the “Additional Shares”), in each case of common stock, par value $0.001 per share (the “Common Stock”) of the Company, in an offering under its registration statement on Form S-3 (File No. 333-267780) (the Firm Shares and the Additional Shares being collectively called the “Shares”).
