COMMON STOCK PURCHASE WARRANT NEOVOLTA, INC. Warrant Shares: [_______ ] Initial Exercise Date: [ ], 2022Common Stock Purchase Warrant • May 20th, 2022 • NeoVolta Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS COMMON STOCK 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 hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [_], 2027]1 (the “Termination Date”) but not thereafter, to subscribe for and purchase from NeoVolta, Inc., a Nevada corporation (the “Company”), up to [__] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of this Warrant, subject to a Holder’s right to elect to rec
REPRESENTATIVE’S PURCHASE WARRANT NEOVOLTA, INC.NeoVolta Inc. • May 20th, 2022 • Miscellaneous electrical machinery, equipment & supplies • New York
This REPRESENTATIVE’S PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Maxim Partners LLC 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 referred to above as the Initial Exercise Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [___]2 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Neovolta, Inc., a Delaware corporation (the “Company”), up to [___] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
NEOVOLTA, INC. and CONTINENTAL STOCK TRANSFER & TRUST COMPANY, as Warrant Agent Warrant Agency Agreement Dated as of [__], 2022Warrant Agency Agreement • May 20th, 2022 • NeoVolta Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
WARRANT AGENCY AGREEMENT, dated as of [__], 2022 (“Agreement”), between NeoVolta, Inc., a corporation organized under the laws of the State of Nevada (the “Company”), and Continental Stock Transfer & Trust Company (the “Warrant Agent”).
OF NEOVOLTA, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 20th, 2022 • NeoVolta Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
The undersigned, NeoVolta, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of NeoVolta, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Maxim Group 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) on the terms and conditions set forth herein.
