0001493152-21-008441 Sample Contracts

UNDERWRITING AGREEMENT between PROTAGENIC THERAPEUTICS, INC. and KINGSWOOD CAPITAL MARKETS, division of Benchmark Investments, Inc., as Representative of the Several Underwriters PROTAGENIC THERAPEUTICS, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • April 9th, 2021 • Protagenic Therapeutics, Inc.\new • Services-business services, nec • New York

The undersigned, Protagenic Therapeutics, Inc., a corporation formed under the laws of the State of Delaware (the “Company”), hereby confirms its agreement (this “Agreement”) with Kingswood Capital Markets, division of Benchmark Investments, Inc. (hereinafter referred to as “you” (including its correlatives) or the “Representative”), and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:

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FORM OF WARRANT AGENT AGREEMENT
Form of Warrant Agent Agreement • April 9th, 2021 • Protagenic Therapeutics, Inc.\new • Services-business services, nec • New York

THIS WARRANT AGENT AGREEMENT (this “Agreement”) is dated April [ ], 2021, between PROTAGENIC THERAPEUTICS, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, acting as warrant agent (the “Warrant Agent”).

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