UNDERWRITING AGREEMENT among MUSCLE MAKER, INC. and ALEXANDER CAPITAL, L.P., as Representative of the Several UnderwritersUnderwriting Agreement • November 26th, 2019 • Muscle Maker, Inc. • Retail-eating & drinking places • New York
The undersigned, Muscle Maker, Inc., a corporation formed under the laws of the State of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) and set forth on Schedule 4 attached hereto, as being subsidiaries or affiliates of Muscle Maker, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the Underwriters named in Schedule 1 hereto (the “Representative” and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
Form of Representative’s Warrant AgreementS Warrant Agreement • November 26th, 2019 • Muscle Maker, Inc. • Retail-eating & drinking places • New York
THIS PURCHASE WARRANT IS NOT EXERCISABLE PRIOR TO [ ] [DATE THAT IS ONE (1) YEAR FROM THE EFFECTIVE DATE OF THE REGISTRATION STATEMENT]. VOID AFTER 5:00 P.M., EASTERN TIME, [ ] [DATE THAT IS FIVE (5) YEARS FROM THE EFFECTIVE DATE OF THE REGISTRATION STATEMENT].
Confidential Material Omitted – To be filed separately with the Securities and Exchange Commission upon request. Double asterisks denote omissions.Master Distribution Agreement • November 26th, 2019 • Muscle Maker, Inc. • Retail-eating & drinking places
This Amendment to Master Distribution Agreement (this “Amendment”), dated the latter of the two dates under the signatures below (the “Amendment Effective Date”), is entered into between Muscle Maker Franchising, LLC (“Primary Customer”) and Sysco Corporation (“Syl·co”) and amends that certain Master Distribution Agreement, dated JU11e I, 2011, as amended to date (the “Agreement”), between the parties. All capitalized terms not otherwise defined herein have the same meanings ascribed to them in the Agreement.
