Contract analysis

Section 1. Receipt by the Representative on Behalf of the Underwriters. Whitfield Barrow & Co., LLC, as Representative of the several Underwriters, hereby acknowledges receipt on behalf of the several Underwriters, on the Option Closing Date (March 1, 2024), of: (a) 3,000,000 Option Shares of common stock, par value $0.001 per share, of Arbor Health Technologies Inc., representing the full number of Option Shares iss

Section 2. Receipt by the Company. Arbor Health Technologies Inc. hereby acknowledges receipt, on the Option Closing Date (March 1, 2024), of: (a) Aggregate payment in the amount of $56,400,000 (Fifty-Six Million Four Hundred Thousand Dollars and No Cents), representing the full purchase price for the 3,000,000 Option Shares, calculated as follows: (i) Public offering price per Option Share: $20.00; (ii) Less underwr

Section 3. Aggregate Transaction Summary. For reference and confirmation purposes only, and without modifying or supplementing the terms of the Underwriting Agreement, the following table sets forth a summary of the aggregate transaction parameters for the offering, inclusive of both the base offering and the overallotment closing: Following the Option Closing, the total number of shares of common stock of the Compan

Section 4. Representations and Confirmations. (a) Each of the Company and the Representative, on behalf of the several Underwriters, hereby confirms that, as of the Option Closing Date, all conditions precedent to the Option Closing set forth in the Underwriting Agreement (including, without limitation, those conditions set forth in Sections 6 and 7 thereof) have been satisfied in full or, to the extent permitted the

Section 5. Underwriter Allocation of Option Shares. The 3,000,000 Option Shares purchased by the several Underwriters at the Option Closing have been allocated among the Underwriters as follows: The foregoing allocations are consistent with the allocation percentages set forth in the notice of exercise delivered by the Representative to the Company on February 27, 2024, and are based on each Underwriter's proportiona

Section 6. General Provisions. (a) No Modification. This Cross-Receipt does not and shall not be deemed to modify, amend, supplement, or otherwise alter the Underwriting Agreement or any of the terms, conditions, representations, warranties, covenants, or agreements contained therein. This Cross-Receipt is and shall remain subject to all terms and conditions of the Underwriting Agreement, and in the event of any conf