WARRANT AGENCY AGREEMENTWarrant Agency Agreement • February 7th, 2024 • Biolase, Inc • Dental equipment & supplies • New York
WARRANT AGENCY AGREEMENT (this “Warrant Agency Agreement”) dated as of [ ], 2024 (the “Issuance Date”) between BIOLASE, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and Computershare Inc., a Delaware corporation (“Computershare”), and its affiliate Computershare Trust Company, N.A., a federally chartered trust company (together with Computershare, the “Warrant Agent”).
FORM OF PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 7th, 2024 • Biolase, Inc • Dental equipment & supplies • New York
This letter agreement (the “Agreement”) constitutes the agreement between Lake Street Capital Markets, LLC (“Lake Street”) and Maxim Group LLC (“Maxim”), as placement agents (each a “Placement Agent” and, collectively, the “Placement Agents”) and BIOLASE, Inc., a Delaware corporation (together with its subsidiaries, the “Company”), that Placement Agents shall serve as exclusive placement agents 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 $0.001 per share (the “Common Stock”), (B) one Class A warrant to purchase common stock (each a “Class A Warrant” and collectively, the “Class A Warrants”) to purchase one share of Common Stock (the “Class A Warrant Shares”) exercisa
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 7th, 2024 • Biolase, Inc • Dental equipment & supplies • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of [___], 2024, between BIOLASE, 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”).
