FORM OF SUBSCRIPTION AGREEMENTForm of Subscription Agreement • November 25th, 2019 • Helius Medical Technologies, Inc. • Electromedical & electrotherapeutic apparatus • Delaware
NO LATER THAN ONE (1) BUSINESS DAY AFTER THE EXECUTION OF THIS AGREEMENT BY THE INVESTOR AND THE COMPANY, THE INVESTOR SHALL DIRECT THE BROKER-DEALER AT WHICH THE ACCOUNT OR ACCOUNTS TO BE CREDITED WITH THE SHARES ARE MAINTAINED TO SET UP A DEPOSIT/WITHDRAWAL AT CUSTODIAN (“DWAC”) INSTRUCTING THE TRANSFER AGENT TO CREDIT SUCH ACCOUNT OR ACCOUNTS WITH THE SHARES.
HELIUS MEDICAL TECHNOLOGIES, INC. 2,922,152 Shares of Class A Common Stock (par value $0.001 per share) Underwriting AgreementUnderwriting Agreement • November 25th, 2019 • Helius Medical Technologies, Inc. • Electromedical & electrotherapeutic apparatus • New York
Helius Medical Technologies, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of 2,922,152 shares (the “Firm Securities”) of its Class A Common Stock, par value $0.001 per share (the “Class A Common Stock”). H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (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 “Underwriter”). The Company and the Underwriters agree that each of the Underwriters that is not registered as a broker-dealer under Section 15 of the Exchange Act (as defined below) will not offer or sell any Firm Securities in, or to persons who are nationals or residents of, the United States other than through one of its U.S. registered broker-dealer affiliates or otherwise in
