Tattooed Chef, Inc. Common Stock ($0.0001 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTEquity Offeringsm Sales Agreement • June 16th, 2021 • Tattooed Chef, Inc. • Miscellaneous food preparations & kindred products • New York
The stockholder of Tattooed Chef, Inc., a Delaware corporation (the “Company”) that is a signatory hereto (the “Selling Stockholder”) proposes, subject to the terms and conditions stated herein, to sell from time to time to or through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), up to 2,000,000 shares (the “Shares”) of the Company’s common stock, $0.0001 par value (the “Common Stock”), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company and the Selling Stockholder agree that whenever the Selling Stockholder determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(j) hereof. References herein to “this Agreement” or to matters contained “herein” or “hereunder”, or words of similar import, mean this ATM Equity Offering SM Sales Agreement and any applicabl
