Underwriting AgreementUnderwriting Agreement • May 3rd, 2024 • Cemtrex Inc • Electronic components & accessories • New York
Cemtrex Inc., a Delaware corporation (the “Company”), agrees, subject to the terms and conditions in this agreement (this “Agreement”), to issue and sell to Aegis Capital Corp. (the “Underwriter”) an aggregate of 11,764,705 of the Company’s units (each, a “Closing Unit”), with each Closing Unit consisting of either: (A) one (1) share of Common Stock, $0.001 par value per share (the “Closing Shares”) of the Company (the “Common Stock”) and one (1) Series A warrant (each, a “Series A Warrant”) to purchase one (1) share of Common Stock at a per Share exercise price of $0.85 and one (1) Series B warrant (each, a “Series B Warrant”) to purchase one (1) share of Common Stock at a per Share exercise price of $0.85 (each, a “Closing Common Unit”); or (B) one pre-funded warrant (each, a “Pre-funded Warrant”) to purchase one (1) share of Common Stock at an exercise price of $0.001 and one (1) Series A Warrant and one (1) Series B Warrant (each, a “Closing Pre-funded Unit”). The shares of Common
