UNDERWRITING AGREEMENTUnderwriting Agreement • December 22nd, 2022 • PishPosh, Inc. • Retail-nonstore retailers • New York
The undersigned, PishPosh, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) with Boustead Securities, LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters, if any, 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:
INDEMNIFICATION AND ADVANCEMENT AGREEMENTIndemnification and Advancement Agreement • December 22nd, 2022 • PishPosh, Inc. • Retail-nonstore retailers • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is made as of [●], 2022, by and between PishPosh, Inc., a Delaware corporation (the “Company”), and [name of indemnitee],[ a member of the Board of Directors and/ an officer] of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous agreements between the Company and Indemnitee covering indemnification and advancement.
PishPosh, Inc. Warrant To Purchase Common StockPishPosh, Inc. • December 22nd, 2022 • Retail-nonstore retailers • New York
PishPosh, Inc., a Delaware corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, , the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, Company common stock, par value $ 0.000001 (“Common Stock”) (including any Warrants to purchase shares issued in exchange, transfer or replacement hereof, the “Warrant”), at any time or times on or after the date hereof, to the extent permitted by the applicable SEC and FINRA rules, but not after 11:59 p.m., Eastern Time, on the Expiration Date (as defined below), 32,822 (subject to adjustment as provided herein) fully paid and nonassessable shares of Common Stock (the “Warrant Shares”).
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN PISHPOSH, INC. AND JESSE SUTTONEmployment Agreement • December 22nd, 2022 • PishPosh, Inc. • Retail-nonstore retailers
This Amendment to Employment Agreement (this “Amendment”) is made and entered into as of December 20, 2022 (the “Effective Date”) by and between PishPosh, Inc. (the “Company”) and Jesse Sutton (the “Executive”).
