0001493152-21-025015 Sample Contracts

UNDERWRITING AGREEMENT between HARBOR CUSTOM DEVELOPMENT, INC. And THINKEQUITY LLC as Representative of the Several Underwriters
Underwriting Agreement • October 8th, 2021 • Harbor Custom Development, Inc. • Operative builders • New York

The undersigned, Harbor Custom Development, Inc., a corporation formed under the laws of the State of Washington (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Harbor Custom Development, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity LLC (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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WARRANT AGENCY AGREEMENT
Warrant Agency Agreement • October 8th, 2021 • Harbor Custom Development, Inc. • Operative builders • Washington

This WARRANT AGENCY AGREEMENT (this “Warrant Agreement”) is dated as of October 7, 2021 (the “Issuance Date”) between Harbor Custom Development, Inc., a Washington corporation (the “Company”), and Mountain Share Transfer, Inc., a Georgia corporation (the “Warrant Agent”).

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