FATPIPE, INC. UNDERWRITING AGREEMENT [●] Shares of Common StockUnderwriting Agreement • October 25th, 2024 • Fatpipe Inc/Ut • Services-prepackaged software • New York
Contract Type FiledOctober 25th, 2024 Company Industry JurisdictionFatPipe, Inc., a Utah corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named on Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Roth Capital Partners, LLC is acting as the representative (the “Representative”), an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock, no par value per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4, up to an additional [●] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares.” In connection with the offering contemplated by this Underwriting Agreement (this “Agreement”), the Company shall issue to the Representative (and/or its designees) the Underwriter Warrants (as defined below) upon the terms and conditions set forth in Sectio