STRICTLY CONFIDENTIAL Ability Inc. Yad Harutzim 14 Tel Aviv, Israel, 6770007 Attn: Anatoly Hurgin, Chief Executive OfficerLetter Agreement • August 16th, 2018 • Ability Inc. • Communications equipment, nec • New York
This letter agreement (this “Agreement”) constitutes the agreement between Ability Inc. (the “Company”) and H.C. Wainwright & Co., LLC (“Wainwright”), that Wainwright shall serve as the exclusive agent, advisor or underwriter in any offering (each, an “Offering”) of securities of the Company (the “Securities”) during the Term (as hereinafter defined) of this Agreement. The terms of each Offering and the Securities issued in connection therewith shall be mutually agreed upon by the Company and Wainwright and nothing herein implies that Wainwright would have the power or authority to bind the Company and nothing herein implies that the Company shall have an obligation to issue any Securities. It is understood that Wainwright’s assistance in an Offering will be subject to the satisfactory completion of such investigation and inquiry into the affairs of the Company as Wainwright deems appropriate under the circumstances and to the receipt of all internal approvals of Wainwright in connecti
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 16th, 2018 • Ability Inc. • Communications equipment, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 14, 2018, between Ability Inc., a company organized under the laws of the Cayman Islands (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
