UNDERWRITING AGREEMENT between TIVIC HEALTH SYSTEMS INC. and THINKEQUITY LLC, as Representative of the Several Underwriters TIVIC HEALTH SYSTEMS INC. UNDERWRITING AGREEMENTUnderwriting Agreement • October 29th, 2021 • Tivic Health Systems, Inc. • Electromedical & electrotherapeutic apparatus • New York
The undersigned, Tivic Health Systems Inc., a corporation formed under the laws of the State of Delaware (the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity 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:
REVOLVING LINE OF CREDIT NOTETivic Health Systems, Inc. • October 29th, 2021 • Electromedical & electrotherapeutic apparatus
FOR VALUE RECEIVED, the undersigned Tivic Health Systems, Inc., of Menlo Park, CA (the “Borrower”), promises to pay on or before December 3, 2022 (the “Maturity Date”), to Tethered LLC, of 253 Shawmut Avenue, Suite 2A, Boston, Massachusetts 02118 (the “Lender”), or order, the aggregate principal amount outstanding on Borrower's revolving line of credit as shown on the Lender's records which shall at all times be conclusive and govern, with interest payable monthly on the unpaid balance outstanding from time to time at an annual rate equal to six percent (6%).
WARRANT TO PURCHASE COMMON STOCK of TIVIC HEALTH SYSTEMS, INC.Tivic Health Systems, Inc. • October 29th, 2021 • Electromedical & electrotherapeutic apparatus • California
This Warrant to Purchase Common Stock of Tivic Health Systems, Inc. (this “Warrant”), is issued to Hanover International, Inc. (and, together with its permitted successors and assigns, the “Holder”) by Tivic Health Systems, Inc., a Delaware corporation (the “Company”).
