PRE-FUNDED COMMON STOCK PURCHASE WARRANT WISA TECHNOLOGIES, INC.Wisa Technologies, Inc. • February 5th, 2024 • Semiconductors & related devices • New York
THIS PRE-FUNDED 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 until this Warrant is exercised in full (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 subscription 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 holder of this Warrant, subject to a Holder’s right to elect to
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 5th, 2024 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of ______, 2024, 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”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 5th, 2024 • Wisa Technologies, Inc. • Semiconductors & related devices • New York
This letter agreement (the “Agreement”) constitutes the agreement between Maxim Group LLC (“Maxim” or the “Placement Agent”) and WiSA Technologies, Inc., a Delaware corporation (together with its subsidiaries, the “Company”), that Maxim shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, for the proposed placement to certain purchasers (the “Purchasers”) of up to an aggregate of (i) [___] common units (each a “Common Unit” and collectively, the “Common Units”), with each Common Unit consisting of (A) one share (each a “Share” and collectively, the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), and (B) one common stock purchase warrant (the “Warrant”) to purchase one share of Common Stock (the “Warrant Shares”), which are not exercisable until after the Stockholder Approval Date (as defined in the Warrant) and expiring on the fifth (5th) anniversary of the date on which Stockholder Approval is re
WARRANT AGENCY AGREEMENTWarrant Agency Agreement • February 5th, 2024 • Wisa Technologies, Inc. • Semiconductors & related devices
WARRANT AGENCY AGREEMENT (this “Warrant Agreement”) dated as of February [*], 2024 (the “Issuance Date”) between WiSA Technologies, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and VStock Transfer, LLC (the “Warrant Agent”).
COMMON STOCK PURCHASE WARRANT WISA TECHNOLOGIES, INC.Wisa Technologies, Inc. • February 5th, 2024 • 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 the Stockholder Approval Date (as defined below) (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the fifth anniversary of the Stockholder Approval Date (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 subscription 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 initial
VOTING AGREEMENTVoting Agreement • February 5th, 2024 • Wisa Technologies, Inc. • Semiconductors & related devices
This Voting Agreement (this “Voting Agreement”) is being delivered to you in connection with an understanding by and between WiSA Technologies, Inc. a Delaware corporation (the “Company”), and the person or persons named on the signature pages hereto.
WARRANT AMENDMENT AGREEMENTWarrant Amendment Agreement • February 5th, 2024 • Wisa Technologies, Inc. • Semiconductors & related devices
This Warrant Amendment Agreement (this “Agreement”), dated as of [_____], 2024, is by and between WiSA Technologies, Inc., a Delaware corporation (the “Company”), and [__], the holder (the “Holder”) of a certain common stock purchase warrant, dated [____], 20[__] (the “Original Warrant”).
INVESTOR NAME] [ADDRESS] [ADDRESS] Attn:[____ ] Re: WiSA Technologies, Inc.Wisa Technologies, Inc. • February 5th, 2024 • Semiconductors & related devices
Reference is made to that (i) certain Securities Purchase Agreement (the “Purchase Agreement”), dated as of October 16, 2023, by and between you and WiSA Technologies, Inc. (the “Company”) entered into in connection with the offering by the Company pursuant to the Company’s Registration Statement on Form S-1 (File No. 333- 274331), as amended, and (ii) certain warrant inducement letter agreement, dated as of December 5, 2023, by and between you and the Company (the “Inducement Agreement”). Capitalized terms not defined herein shall have the meanings ascribed to them in the Purchase Agreement and the Inducement Agreement, as applicable.
