Underwriting Agreement July [●], 2024Underwriting Agreement • July 25th, 2024 • Expion360 Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
Expion360 Inc., a Nevada corporation (the “Company”), agrees, subject to the terms and conditions in this agreement (this “Agreement”), to issue and sell to Aegis Capital Corp. (the “Underwriter”) an aggregate of [●] of the Company’s units (each, a “Closing Unit”), with each Closing Unit consisting of either: (A) one (1) share of Common Stock, $0.001 par value per share of the Company (the “Common Stock”) and two (2) Series A warrants (each, a “Series A Warrant”), each to purchase one (1) share of Common Stock at a per Share exercise price of $[●] and one (1) Series B warrant (each, a “Series B Warrant” and, collectively with the Series A Warrants, the “Warrants”) to purchase such number of shares of Common Stock as determined on the Reset Date (as defined in the Series B Warrant), and in accordance with the terms therein (each, a “Closing Common Unit”); or (B) one pre-funded warrant (each, a “Pre-funded Warrant”) to purchase one (1) share of Common Stock at an exercise price of $0.001
Expion360 Inc. - Lock-Up Agreement July [●], 2024Lock-Up Agreement • July 25th, 2024 • Expion360 Inc. • Miscellaneous electrical machinery, equipment & supplies
The undersigned is an owner of shares of Common Stock (as defined below) and understands that Aegis Capital Corp. (the “Underwriter”) proposes to enter into an Underwriting Agreement (the “Underwriting Agreement”) with Expion360 Inc., a Nevada corporation (the “Company”), providing for the public offering (the “Public Offering”) of shares of Common Stock, $0.001 par value per share (“Common Stock”), and warrants to purchase Common Stock.
