COMMON STOCK PURCHASE WARRANT Magnegas APPLIED TECHNOLOGY SOLUTIONS, INC.Magnegas Applied Technology Solutions, Inc. • January 11th, 2019 • Special industry machinery, nec
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [_______________________]., a [____] corporation or assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, on the Initial Exercise Date (as defined below) and on or prior to the close of business on the date that is forty-two (42) months from the Closing Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from MagneGas Applied Technology Solutions, Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s common stock, par value $0.001 per share (the “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 1(b).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • January 11th, 2019 • Magnegas Applied Technology Solutions, Inc. • Special industry machinery, nec • New York
This letter (the “Agreement”) constitutes the agreement among Maxim Group LLC (“Maxim” or the “Placement Agent”) and MagneGas Applied Technology Solutions, Inc. (the “Company”), that the Placement Agent shall serve as the exclusive lead placement agent for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) of shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”) and warrants to purchase shares of Common Stock (the “Warrants”). The Shares, the Warrants and the shares of Common Stock underlying the Warrants (the “Warrant Shares”) are hereinafter referred to collectively as the “Securities”). The Shares are being offered pursuant to the registration statement on Form S-3 (File No. 333-207928)(the “Registration Statement”, and the prospectus contained therein, the “Prospectus”) initially filed by the Company with the Securities and Exchange Commission (the “SEC”) under the Securities
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 11th, 2019 • Magnegas Applied Technology Solutions, Inc. • Special industry machinery, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of January 11, 2019, among MagneGas Applied Technology Solutions, 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”).
