EX-10.1
from 8-K
14 pages
This Placement Agency Agreement Will Confirm Our Agreement That Theralink Technologies, Inc. (The “Company”) Has Engaged Joseph Gunnar & Co., LLC (“Gunnar” or “Placement Agent”) to Act as Its Exclusive Placement Agent With Respect Effectuating an Offering of Its Securities for the Offering Period Described Below (The “Term”). for Purposes of This Agreement, the Term “Offering” Means a Private Placement Pursuant to Which the Company Will Be Offering a Minimum of $2,750,000 in Principal Amount (“Minimum Amount”) and Up to a Maximum of $6,600,000 in Principal Amount (“Maximum Amount”) of Debentures and Warrants; Provided, However, That Upon the Written Consent of the Company and the Placement Agent, the Maximum Amount Shall Be Adjusted Upward to an Aggregate of $8,000,000 in Principal Amount of Debentures. Based on the 10.0% Original Issue Discount on the Debentures, Gross Proceeds in Cash Payments From Investors Shall Be $2,500,000 on the Minimum Amount and $6,000,000 on the Maximum Amount or $7,200,000 if Increased as Provided Above. Placement of the Debentures and Warrants Will Be Made on a “Commercially Reasonable Efforts, All or None” Basis as to the Minimum Amount and on a “Commercially Reasonable Efforts Basis for All Amounts in Excess of the Minimum Amount. All Capitalized Terms Used Herein That Are Not Otherwise Defined Herein Shall Have the Meaning Ascribed to Such Terms in the Purchase Agreement (As Defined Below)
12/34/56
