Underwriting Agreement December [●], 2024Underwriting Agreement • December 4th, 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 [●] of the Company’s units (each, a “Closing Unit”), with each Closing Unit consisting of either: (A) one (1) share of Common Stockof the Company, $0.01 par value per share (the “Common Stock”), 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 $[●], and one (1) Series B warrant (each, a “Series B Warrant” and, collectively with the Series A Warrants, the “Warrants”) to purchase one (1) share of Common Stock at a per Share exercise price of $[●], in accordance with the terms therein (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, one (1) Series A Warrant, and one (1) S
