UNDERWRITING AGREEMENT between CNS PHARMACEUTICALS, INC. and BENCHMARK COMPANY, LLC as Representative of the Several Underwriters CNS PHARMACEUTICALS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 16th, 2019 • CNS Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
The undersigned, CNS Pharmaceuticals, Inc., a corporation formed under the laws of the state of Nevada (the “Company”), hereby confirms its agreement (this “Agreement”) with Benchmark Company LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
FORM OF UNDERWRITERS’ WARRANT AGREEMENTUnderwriters’ Warrant Agreement • July 16th, 2019 • CNS Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
THE REGISTERED HOLDER OF THIS PURCHASE WARRANT BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS PURCHASE WARRANT EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS PURCHASE WARRANT AGREES THAT IT WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE OR HYPOTHECATE THIS PURCHASE WARRANT FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE (DEFINED BELOW) TO ANYONE OTHER THAN (I) THE BENCHMARK COMPANY, LLC OR AN UNDERWRITER OR A SELECTED DEALER IN CONNECTION WITH THE OFFERING, OR (II) A BONA FIDE OFFICER OR PARTNER OF THE BENCHMARK COMPANY, LLC OR OF ANY SUCH UNDERWRITER OR SELECTED DEALER.
