0001493152-25-005481 Sample Contracts
Underwriting Agreement February [●], 2025Underwriting Agreement • February 10th, 2025 • Digital Ally, Inc. • Radio & tv broadcasting & communications equipment • New York
Digital Ally, Inc., a Nevada 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 [●] of the Company’s units (each, a “Closing Unit”), with each Closing Unit consisting of either: (A) one (1) share of Common Stock, $0.001 par value per share, of the Company (the “Common Stock”); one (1) Series A warrant (“Series A Warrant”) to purchase one (1) share of Common Stock at a per share exercise price of $[●] (representing 125.0% of the per Closing Common Unit (as defined below) offering price) and one (1) Series B warrant (“Series B Warrant”) to purchase one (1) share of Common Stock at a per share exercise price of $[●] (representing 125.0% of the per Closing Common Unit offering price) (each, a “Closing Common Unit”); or (B) one (1) pre-funded warrant (each, a “Pre-funded Warrant”) to purchase one (1) share of Common Stock at an exercise price of $0.001; on