UNDERWRITING AGREEMENT betweenUnderwriting Agreement • May 6th, 2020 • Second Sight Medical Products Inc • Electromedical & electrotherapeutic apparatus • New York
As Representative of the several Underwriters named on Schedule 1 attached hereto 17 State Street, 22nd Floor New York, New York 10004
Representative’s Warrant AgreementRepresentative’s Warrant Agreement • May 6th, 2020 • Second Sight Medical Products Inc • Electromedical & electrotherapeutic apparatus
THIS WARRANT TO PURCHASE COMMON STOCK (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 October 28, 2020 (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(f)(2)(G)(i), prior to at 5:00 p.m. (New York time) on the date that is five (5) years following the date of the Underwriting Agreement (as defined herein) (the “Termination Date”) but not thereafter, to subscribe for and purchase from Second Sight Medical Products, Inc., a California corporation (the “Company”), up to ______ shares of Common Stock, no par value, of the Company (the “Warrant Shares”), as subject to adjustment hereunder. 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).
Lock-Up AgreementLock-Up Agreement • May 6th, 2020 • Second Sight Medical Products Inc • Electromedical & electrotherapeutic apparatus
The undersigned understands that ThinkEquity, a division of Fordham Financial Management, Inc., (the “Representative”) proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Second Sight Medical Products, Inc., a California corporation (the “Company”), providing for the public offering (the “Public Offering”) of shares of common stock, no par value, of the Company (the “Shares”).
