UNDERWRITING AGREEMENT between OPTEX SYSTEMS HOLDINGS, INC. and JOSEPH GUNNAR & CO., LLC as Representative of the Several Underwriters OPTEX SYSTEMS HOLDINGS, INC.Underwriting Agreement • August 12th, 2016 • Optex Systems Holdings Inc • Optical instruments & lenses • New York
The undersigned, Optex Systems Holdings, Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Optex Systems Holdings, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with Joseph Gunnar & Co., 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:
Optex Systems Holdings, Inc., and Equity Stock Transfer, LLC, as Warrant Agent Warrant Agency Agreement Dated as of ________, 2016 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • August 12th, 2016 • Optex Systems Holdings Inc • Optical instruments & lenses • New York
WARRANT AGENCY AGREEMENT, dated as of _________, 2016 (“Agreement”), between Optex Systems Holdings, Inc., a Delaware corporation (the “Company”), and Equity Stock Transfer, LLC, a ____ limited liability company (the “Warrant Agent”).
