ContractVolcon, Inc. • September 18th, 2023 • Motor vehicles & passenger car bodies • 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 SEPTEMBER 15, 2023 (THE ”EFFECTIVE DATE”) TO ANYONE OTHER THAN (I) AEGIS CAPITAL CORP. OR A SELECTED DEALER IN CONNECTION WITH THE OFFERING FOR WHICH THIS PURCHASE WARRANT WAS ISSUED TO THE UNDERWRITER AS CONSIDERATION (THE ”OFFERING”), OR (II) A BONA FIDE OFFICER OR PARTNER OF AEGIS CAPITAL CORP.
Underwriting AgreementUnderwriting Agreement • September 18th, 2023 • Volcon, Inc. • Motor vehicles & passenger car bodies • New York
Volcon, Inc., a Delaware corporation (the “Company”), agrees, subject to the terms and conditions in this agreement (this “Agreement”), to issue and sell to Aegis Capital Corp. (the “Underwriter”) an aggregate of 1,400,000 shares of common stock (the “Firm Shares”), par value $0.00001 per share, of the Company (the “Common Stock”). The Firm Shares to be sold by the Company to the Underwriter are called the “Firm Securities”. At the option of the Underwriter, the Company agrees, subject to the terms and conditions herein, to issue and sell up to an aggregate of 210,000 additional shares of Common Stock representing fifteen percent (15.0%) of the Firm Securities sold in the offering (the “Option Securities”). The Firm Securities and the Option Securities are herein referred to collectively as the “Offered Securities”. The number of Offered Securities to be purchased by the Underwriter is set forth opposite its name in Schedule I hereto.
