SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 3rd, 2023 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 31, 2023, between WiSA Technologies, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
FORM OF COMMON STOCK PURCHASE WARRANT WISA TECHNOLOGIES, INC.Wisa Technologies, Inc. • February 3rd, 2023 • Semiconductors & related devices • New York
THIS COMMON STOCK PURCHASE WARRANT (the "Warrant") certifies that, for value received by the Company, _____ 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 February 3, 2023 (the "Initial Exercise Date") and on or prior to 5:00 p.m. (New York City time) on February 3, 2028 (the "Termination Date") but not thereafter, to subscribe for from WiSA Technologies, Inc., a Delaware corporation (the "Company"), up to _____ shares of Common Stock (as subject to adjustment hereunder, the "Warrant Shares"). 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).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 3rd, 2023 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
This letter agreement (the “Agreement”) constitutes the agreement by and between Maxim Group LLC (“Maxim” or the “Placement Agent”) and WiSA Technologies, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), pursuant to which the Placement Agent shall serve as the placement agent for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) to certain purchasers (each, a “Purchaser” and collectively, the “Purchasers”) of registered common stock (the “Shares”) of the Company, par value $0.0001 per share (“Common Stock”), registered Pre-Funded Warrants to purchase Common Stock (the “Pre-Funded Warrants”) and unregistered warrants to purchase Common Stock (the “Warrants” and, and collectively with the Shares and Pre-Funded Warrants, the “Securities”). The terms of the Placement and the Securities shall be mutually agreed upon by the Company and the Purchasers and nothing herein constitutes that the Place
VIA E-MAIL Maxim Group LLCWisa Technologies, Inc. • February 3rd, 2023 • Semiconductors & related devices
