COMMON STOCK PURCHASE WARRANT EDIBLE GARDEN AG INCORPORATEDCommon Stock Purchase Warrant • April 6th, 2022 • Edible Garden AG Inc • Agricultural production-crops • New York
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 the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_____], 20271 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Edible Garden AG Incorporated, a company incorporated under the laws of the State of Delaware (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 shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered
EDIBLE GARDEN AG INCORPORATED and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Warrant AgentWarrant Agency Agreement • April 6th, 2022 • Edible Garden AG Inc • Agricultural production-crops • New York
WARRANT AGENCY AGREEMENT, dated as of [ ] __, 2022 (“Agreement”), between EDIBLE GARDEN AG INCORPORATED, a corporation organized under the laws of the State of Delaware (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a corporation organized under the laws of [ ] (the “Warrant Agent”).
EDIBLE GARDEN AG INCORPORATED UNDERWRITING AGREEMENTUnderwriting Agreement • April 6th, 2022 • Edible Garden AG Inc • Agricultural production-crops • New York
The undersigned, Edible Garden AG Incorporated, a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters;”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), an aggregate of [____] units (the “Firm Units” or “Units”) of the Company’s securities, and, at the election of the Representative, up to an additional [_________] Option Shares (as defined herein and collectively with the shares of Common Stock underlying the Firm Units, the “Shares”), and/or up to an additional [_____] Option Warrants (as defined herein and collectively with warrants underlying the Firm Units, the “Warrants”). Each Unit consists of one share of the Company’s common stock, par value $0.0001 per share (the “Common Stock”) and one Warrant. Each Warrant entitles the holder to purc
