UNDERWRITING AGREEMENT between EVMO, INC. and EF HUTTON, division of Benchmark Investments, LLC, as Representative of the Several Underwriters EVMO, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • December 13th, 2021 • EVmo, Inc. • Services-computer processing & data preparation • New York
The undersigned, EVmo, Inc., a company incorporated under the laws of the State of Delaware (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 EVmo, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with EF Hutton, division of Benchmark Investments, 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:
Form of Representative’s Warrant AgreementWarrant Agreement • December 13th, 2021 • EVmo, Inc. • Services-computer processing & data preparation
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, _____________ or his, her 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 [____], 202[_] (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(g)(8)(A), prior to 5:00 p.m. (New York time) on [____], 2026, the date that is five (5) years following the Commencement Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from EVmo, Inc., a Delaware corporation (the “Company”), up to [_____] ([___])1 shares of Common Stock, par value $0.000001 per share (the “Common Stock”), of the Company (the “Warrant Shares”), as subject to adjustment hereunder. 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).
