SHARES OF COMMON STOCK AND [__] WARRANTS (EXERCISABLE FOR [__] SHARES) OF TOUGHBUILT INDUSTRIES, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 17th, 2020 • Toughbuilt Industries, Inc • Cutlery, handtools & general hardware • New York
The undersigned, TOUGHBUILT INDUSTRIES, INC., a company incorporated under the laws of Nevada (collectively with its subsidiaries and Affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or Affiliates of TOUGHBUILT INDUSTRIES, INC., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which MAXIM GROUP LLC is acting as representative to the several Underwriters (in such capacity, the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
WARRANT AGENT AGREEMENTWarrant Agent Agreement • January 17th, 2020 • Toughbuilt Industries, Inc • Cutlery, handtools & general hardware • New York
WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of _____________ (the “Issuance Date”) between ToughBuilt Industries, Inc., a company incorporated under the laws of the State of Nevada (the “Company”), and VStock Transfer, LLC (the “Warrant Agent”).
Form of Lock-Up AgreementToughbuilt Industries, Inc • January 17th, 2020 • Cutlery, handtools & general hardware
The undersigned understands that Maxim Group LLC (hereinafter referred to as the “Representative”) and with the other underwriters named on Schedule 1 to the Underwriting Agreement (as defined below) for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Toughbuilt Industries, Inc., a Nevada corporation (the “Company”), providing for the public offering (the “Public Offering”) of shares of Common Stock, par value $0.0001 per share, of the Company and warrants to purchase shares of Common Stock of the Company (collectively, the “Securities”).
