Underwriting AgreementUnderwriting Agreement • May 25th, 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 6,000,000 shares of common stock (the “Firm Shares”), par value $0.00001 per share, of the Company (the “Common Stock”) and pre-funded warrants to purchase shares of Common Stock (the “Pre-funded Warrants”). The Firm Shares and Pre-funded Warrants 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 900,000 additional shares of Common Stock and/or Pre-funded Warrants 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 t
SECURITIES PURCHASE AND EXCHANGE AGREEMENTSecurities Purchase and Exchange Agreement • May 25th, 2023 • Volcon, Inc. • Motor vehicles & passenger car bodies • New York
This Securities Purchase and Exchange Agreement (this "Agreement") is dated as of May 19, 2023, between Volcon, 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")).
