DATA STORAGE CORPORATION and VSTOCK TRANSFER, LLC, as Warrant AgentWarrant Agency Agreement • May 18th, 2021 • Data Storage Corp • Services-computer processing & data preparation • New York
WARRANT AGENCY AGREEMENT, dated as of May 18, 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 New Jersey (the “Warrant Agent”).
Representative’s Warrant AgreementRepresentative’s Warrant Agreement • May 18th, 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 November 14, 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 May 18, 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 eighty thousand (80,000) 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
1,600,000 UNITS CONSISTING OF 1,600,000 SHARES OF COMMON STOCK AND 1,600,000 WARRANTS (EXERCISABLE FOR 1,600,000 SHAREs) OF DATA STORAGE CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 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.
