PLACEMENT AGENT ORDINARY SHARE PURCHASE WARRANT pingtan marine enterprise ltd.Pingtan Marine Enterprise Ltd. • January 7th, 2021 • Fishing, hunting and trapping
THIS PLACEMENT AGENT ORDINARY SHARES PURCHASE WARRANT (the “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 set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January __, 2026 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Pingtan Marine Enterprise Ltd., an exempted company incorporated under the laws of the Cayman Islands (the “Company”), up to _____ ordinary shares of $0.001 each (the “Ordinary Shares”) (as subject to adjustment hereunder, the “Warrant Shares”) of the Company. The purchase price of one Ordinary Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain placement agent agreement, dated as of January __, 2021, by and between the
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 7th, 2021 • Pingtan Marine Enterprise Ltd. • Fishing, hunting and trapping • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 7, 2021, between Pingtan Marine Enterprise Ltd., an exempted company incorporated 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”).
Pingtan Marine Enterprise Ltd. 18/F, Zhongshan Building A No. 154 Hudong Road Fuzhou, PRC 350001 Attn: LiMing Yung, Chief Financial Officer Dear Mr. Yung:Pingtan Marine Enterprise Ltd. • January 7th, 2021 • Fishing, hunting and trapping • New York
This letter (the “Agreement”) constitutes the agreement between Spartan Capital Securities, LLC (“Spartan” or the “Placement Agent”) and Pingtan Marine Enterprise Ltd. (the “Company”), that Spartan shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, in connection with in any offering (each, a “Placement”) of securities of the Company during the Term (as hereinafter defined) of this Agreement. The terms of each Placement and the securities issued in connection therewith shall be mutually agreed upon by the Company and Spartan and nothing herein implies that Spartan 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. The initial proposed Placement of securities is comprised of registered shares (the “Preferred Shares”) of the Company’s Series A Convertible Preferred Shares, par value $0.001 per share, convertible into the Company’s ordinary share
