FORM OF COMMON STOCK PURCHASE WARRANT DATA STORAGE CORPORATIONCommon Stock Purchase Warrant • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS COMMON STOCK PURCHASE WARRANT (this “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 the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_____], 2026[1] (the “Termination Date”) but not thereafter, to subscribe for and purchase from Data Storage Corporation, a company incorporated under the laws of the State of Nevada (the “Company”), up to [______] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. 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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered
Form of Representative’s Warrant AgreementWarrant Agreement • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation
THIS WARRANT TO PURCHASE COMMON STOCK (the “Warrant”) certifies that, for value received, MAXIM PARTNERS LLC 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 [∙], 2021, the date that is 180 days from the Closing Date (the “Initial Exercise Date”), and in accordance with FINRA Rule 5110(f)(2)(G)(8), prior to 5:00 p.m. (New York time) on [∙], 2026, the date that is five (5) years following the commencement of sales of the securities issued in connection with this offering (the “Termination Date”) but not thereafter, to subscribe for and purchase from DATA STORAGE CORPORATION, a Nevada corporation (the “Company”), up to [∙] ([∙]) shares of Common Stock, par value $0.001 per share (the “Common Stock”), 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 P
DATA STORAGE CORPORATION and VSTOCK TRANSFER, LLC, as Warrant Agent Warrant Agency Agreement Dated as of [∙], 2021 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
WARRANT AGENCY AGREEMENT, dated as of [∙], 2021 (this “Agreement”), between DATA STORAGE CORPORATION, a corporation organized under the laws of the State of Nevada (the “Company”), and VSTOCK TRANSFER, LLC, a limited liability company organized under the laws of [California] (the “Warrant Agent”).
UNITS CONSISTING OF [____] SHARES OF COMMON STOCK AND [____] WARRANTS (EXERCISABLE FOR [____] SHAREs) OF DATA STORAGE CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
The undersigned, DATA STORAGE CORPORATION, a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of DATA STORAGE CORPORATION, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which MAXIM GROUP LLC is acting as representative to the several Underwriters (in such capacity, the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriters) on the terms and conditions set forth herein.
FORM OF EMPLOYMENT AGREEMENTEmployment Agreement • April 26th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made as of , 2021 by and between Flagship Solutions, LLC, a Florida limited liability company (“Flagship”), and Mark Wyllie, an individual (the “Executive”). Flagship and the Executive are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
