UNDERWRITING AGREEMENT October 8, 2024Underwriting Agreement • October 10th, 2024 • Sacks Parente Golf, Inc. • Sporting & athletic goods, nec • New York
SACKS PARENTE GOLF, 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 366,000 shares of the Company’s common stock, par value $0.01 per share (“Common Stock”; such shares of Common Stock the “Closing Shares”) and pre-funded warrants (the “Closing Pre-Funded Warrants”) each to purchase one share of Common Stock. At the option of the Underwriter, the Company agrees, subject to the terms and conditions herein, to issue and sell up to an aggregate of 54,900 additional shares of Common Stock representing fifteen percent (15.0%) of the Closing Shares and Closing Pre-funded Warrants sold in the offering (the “Option Shares”). The Closing Shares and the Option Shares are herein referred to collectively as the “Shares”. The number of Shares and Closing Pre-funded Warrants to be purchased by the Underwriter is set forth opposite its name in Sc
