DEPOSITARY AGREEMENTDepositary Agreement • December 7th, 2016 • Vapor Corp. • Tobacco products • New York
This DEPOSITARY AGREEMENT (this “Agreement”) is entered into as of December 5, 2016, by and between Equity Stock Transfer, LLC (the “Depositary”) and Vapor Corp. (the “Company”). The Company is making an offer, upon the terms and conditions set forth in the offer letter, dated December 6, 2016 (the “Offer Letter”) and in the related letter of transmittal (the “Letter of Transmittal”); which, together with any amendments or supplements thereto constitute the “Offer” to all holders of the Company’s issued and outstanding Series A Warrants (the “Series A Warrants”), to purchase such Series A Warrants during the Offer Period for cash in the amount of $0.22 for each Series A Warrant. The “Offer Period” is the period commencing on December 6, 2016 and ending at 5:00 p.m., Eastern Time, on January 6, 2017, or such later date to which the Company may extend the Offer (the “Expiration Date”).
