268,100 Shares of FANTEX, INC. Fantex Series Jack Mewhort Convertible Tracking Stock UNDERWRITING AGREEMENTUnderwriting Agreement • June 8th, 2015 • Fantex, Inc. • Services-business services, nec • New York
This Underwriting Agreement (this “Agreement”) constitutes the agreement by and among Fantex, Inc., a Delaware corporation (the “Company”), Fantex Holdings, Inc. (the “Parent”), Fantex Brokerage Services, LLC (“FBS”) and Merriman Capital Inc. (“Merriman”) that (i) FBS shall serve as the underwriter for the offering (the “Offering”), on a best efforts, all or none basis, of an aggregate of 268,100 shares (the “Shares”) of the Company’s Fantex Series Jack Mewhort Convertible Tracking Stock, par value $0.0001 per share (the “Fantex Series Jack Mewhort”), and (ii) Merriman shall act as the “qualified independent underwriter” for the Offering within the meaning of Rule 5121 of the Financial Industry Regulatory Authority, Inc. (“FINRA”). The Shares will be convertible at the option of the Company into shares (the “Conversion Shares”) of platform common stock, par value $0.0001 per share, of the Company (the “Platform Common Stock”). Merriman hereby represents, warrants and confirms that in i
STANDBY PURCHASE AGREEMENTStandby Purchase Agreement • June 8th, 2015 • Fantex, Inc. • Services-business services, nec • New York
This STANDBY PURCHASE AGREEMENT (this “Agreement”), dated as of ______, 2015, is made by and among (i) Fantex, Inc., a Delaware corporation (the “Company”), (ii) Fantex Brokerage Services, LLC (“FBS”) and Merriman Capital, Inc. (“Merriman,” and together with FBS, the “Representatives”) and (iii) Fantex Holdings, Inc. (the “Parent”) and the other individuals listed on Exhibit A hereto (each, a “Standby Purchaser,” and together, the “Standby Purchasers”).
