UNDERWRITING AGREEMENT between OPTI-HARVEST, INC. and WESTPARK CAPITAL, INC., as Representative of the Several Underwriters OPTI-HARVEST, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • June 21st, 2023 • Opti-Harvest, Inc. • Farm machinery & equipment • New York
The undersigned, Opti-Harvest, Inc., a corporation formed 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, if any, the “Company”), hereby confirms its agreement (this “Agreement”) with Westpark Capital, Inc. (hereinafter referred to as 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:
Opti-Harvest, Inc. and Colonial Stock Transfer Company, Inc., as Warrant Agent Warrant Agency Agreement Dated as of [_____], 2023 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • June 21st, 2023 • Opti-Harvest, Inc. • Farm machinery & equipment • New York
WARRANT AGENCY AGREEMENT, dated as of [____], 2023 (“Agreement”) between Opti-Harvest, Inc., a Delaware corporation (the “Company”), and Colonial Stock Transfer Company, Inc., a corporation organized under the laws of Utah (the “Warrant Agent”).
OPTI-HARVEST, INC. INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • June 21st, 2023 • Opti-Harvest, Inc. • Farm machinery & equipment • Delaware
This Investors’ Rights Agreement (this “Agreement”) is made as of April ___, 2023, by and among Opti-Harvest, Inc., a Delaware corporation (the “Company”), and the persons and entities (each, an “Investor” and collectively, the “Investors”) listed on Exhibit A hereto. Unless otherwise defined herein, capitalized terms used in this Agreement have the meanings ascribed to them in Section 1.
OPTI-HARVEST, INC. SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 21st, 2023 • Opti-Harvest, Inc. • Farm machinery & equipment • Delaware
This SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of April ___, 2023 (the “Effective Date”), by and among Opti-Harvest, Inc., a Delaware corporation (the “Company”), and the persons and entities (each, an “Investor” and collectively, the “Investors”) listed on the Schedule of Investors attached hereto as Exhibit A (the “Schedule of Investors”).
