UNDERWRITING AGREEMENT between DATCHAT, INC. and EF HUTTON, division of Benchmark Investments, LLC., as Representative of the Several Underwriters DATCHAT, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 12th, 2021 • DatChat, Inc. • Telegraph & other message communications • New York
The undersigned, DatChat, Inc., a corporation formed under the laws of the State of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries, the “Company”), hereby confirms its agreement (this “Agreement”) with EF Hutton, division of Benchmark Investments, LLC(hereinafter referred to as “you” (including its correlatives) or 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:
COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • August 12th, 2021 • DatChat, Inc. • Telegraph & other message communications • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the six month anniversary of the Issue Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ______________[1] (the “Termination Date”) but not thereafter, to subscribe for and purchase from DatChat, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock of the Company (“Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
DATCHAT, INC. and WEST COAST STOCK TRANSFER, INC., as Warrant Agent Warrant Agency Agreement Dated as of [___] , 2021 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • August 12th, 2021 • DatChat, Inc. • Telegraph & other message communications • California
WARRANT AGENCY AGREEMENT, dated as of [___] , 2021 (“Agreement”), between DatChat, Inc., a corporation organized under the laws of the State of Nevada (the “Company”), and West Coast Stock Transfer, Inc. (the “Warrant Agent”).
