FLUX POWER HOLDINGS, INC. UNDERWRITING AGREEMENT [●] Shares of Common StockUnderwriting Agreement • July 15th, 2019 • Flux Power Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
Flux Power Holdings, Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (the “Underwriters,” or each, an “Underwriter”), for whom Roth Capital Partners, LLC and Maxim Group LLC are acting as the representatives (the “Representatives”), an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional [●] shares of Common Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as the “Shares”. The Shares, the Representatives’ Warrants (as defined below) and the Representatives’ Warrant Shares (as defined below) are collectively referred to as the “Securities.”
