COMMON STOCK PURCHASE WARRANT Ecoark Holdings, Inc.Common Stock Purchase Warrant • August 5th, 2021 • Ecoark Holdings, Inc. • Crude petroleum & natural gas
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Authorized Share Increase Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the date that is the three and one-half (3.5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ecoark Holdings, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 5th, 2021 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 4, 2021, between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 12th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 13, 2019, between Ecoark, Inc., a Nevada corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 12th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November __, 2019, between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
ORIGINAL ISSUE DISCOUNT SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE _______ __, 2011Convertible Security Agreement • January 7th, 2010 • Magnolia Solar Corp • Services-business services, nec • New York
THIS ORIGINAL ISSUE DISCOUNT SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is one of a series of duly authorized and validly issued Original Issue Discount Senior Secured Convertible Promissory Notes of Magnolia Solar Corporation, a Nevada corporation, (the “Company”), having its principal place of business at 52-B Cummings Park, Suite 314, Woburn, MA 01801, designated as its Original Issue Discount Senior Secured Convertible Promissory Note due ________ __, 2011 (this note, the “Note” and, collectively with the other notes of such series, the “Notes”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 28th, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April 27, 2023, is by and among BitNile Metaverse, Inc., a Nevada corporation with offices located at 303 Pearl Parkway, Suite 200, San Antonio, TX 78215 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 9th, 2022 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of June 8, 2022 (the “Effective Date”), between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), and Digital Power Lending, LLC, a California limited liability company (the “Purchaser”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 28th, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of April 27, 2023, is by and among BitNile Metaverse, Inc., a Nevada corporation with offices located at 303 Pearl Parkway, Suite 200, San Antonio, TX 78215 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
SECURITY AGREEMENTSecurity Agreement • January 7th, 2010 • Magnolia Solar Corp • Services-business services, nec • New York
This SECURITY AGREEMENT, dated as of December 31, 2009 (this “Agreement”), is among Magnolia Solar Corporation, a Nevada corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and the holders of the Company’s Original Issue Discount Senior Secured Convertible Promissory Notes due December 31, 2011 and issued on December 31, 2009 in the original aggregate Principal Amount of up to $6,000,000 (collectively, the “Notes”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT Ecoark Holdings, Inc.Placement Agent Common Stock Purchase Warrant • August 5th, 2021 • Ecoark Holdings, Inc. • Crude petroleum & natural gas
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Authorized Share Increase Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the date that is the earlier of (i) the three and one-half (3.5) year anniversary of the Initial Exercise Date and (ii) August 4, 2026 (such earlier date, the “Termination Date”) but not thereafter, to subscribe for and purchase from Ecoark Holdings, Inc., a Nevada corporation (the “Company”), up to ___________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certai
SUBSIDIARY GUARANTEESubsidiary Guarantee • January 7th, 2010 • Magnolia Solar Corp • Services-business services, nec • New York
SUBSIDIARY GUARANTEE, dated as of December 31, 2009 (this “Guarantee”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”), in favor of the purchasers signatory (together with their permitted assigns, the “Purchasers”) to that certain Subscription Agreement, dated as of the date hereof, between Magnolia Solar Corporation, a Nevada corporation (the “Company”) and the Purchasers.
STRICTLY CONFIDENTIAL Ecoark Holdings, Inc.Exclusive Agency Agreement • December 30th, 2020 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
COMMON STOCK PURCHASE WARRANT ECOARK HOLDINGS, INC.Common Stock Purchase Warrant • November 12th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on November 13, 2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ecoark Holdings, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITY AND PLEDGE AGREEMENTSecurity and Pledge Agreement • April 28th, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas • Nevada
WHEREAS, the Company is party to that certain Securities Purchase Agreement, dated as of April 27, 2023 (as amended, modified, supplemented, extended, renewed, restated or replaced from time to time in accordance with the terms thereof, the “Securities Purchase Agreement”) by and among the Company and each party listed as a “Buyer” on the Schedule of Buyers attached thereto (each a “Buyer” and collectively, the “Buyers”), pursuant to which the Company shall sell, and the Buyers shall purchase, the “Notes” issued pursuant thereto (as such Notes may be amended, modified, supplemented, extended, renewed, restated or replaced from time to time in accordance with the terms thereof, collectively, the “Notes”);
AGREEMENT OF MERGER AND PLAN OF REORGANIZATION BY AND AMONG MOBILIS RELOCATION SERVICES, INC. MAGNOLIA SOLAR ACQUISITION CORP. and MAGNOLIA SOLAR, INC. Dated as of December 31, 2009Merger Agreement • January 7th, 2010 • Magnolia Solar Corp • Services-business services, nec • New York
THIS AGREEMENT OF MERGER AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into on December 31, 2009, by and among Mobilis Relocation Services, Inc., a Nevada corporation (“Parent”), Magnolia Solar Acquisition Corp., a Delaware corporation (“Acquisition Corp.”), which is a wholly-owned subsidiary of Parent, and Magnolia Solar, Inc., a Delaware corporation (the “Company”).
COMMON STOCK PURCHASE WARRANT ECOARK HOLDINGS, INC.Common Stock Purchase Warrant • March 20th, 2018 • Ecoark Holdings, Inc. • Plastics products, nec
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after [the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on [______________1 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ecoark Holdings, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • January 24th, 2023 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
Ecoark Holdings, Inc., a Nevada corporation (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (the “Agent”), as follows:
STOCK PURCHASE AGREEMENTStock Purchase Agreement • January 7th, 2010 • Magnolia Solar Corp • Services-business services, nec • New York
THIS STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of December 31, 2009, is made by and between Mobilis Relocation Services, Inc., a Nevada corporation (“Seller”), and each of the individuals listed under the heading “Buyers” on the signature page hereto (collectively, “Buyers”).
PURCHASE AGREEMENTPurchase Agreement • August 25th, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas • New York
THIS PURCHASE AGREEMENT (this “Agreement”), dated as of August 24, 2023, is made by and between ARENA BUSINESS SOLUTIONS GLOBAL SPC II, LTD on behalf of and for the account of SEGREGATED PORTFOLIO #3 – SPC #3 (the “Investor”), and BITNILE METAVERSE, INC., a Nevada corporation (the “Company”).
VOTING AGREEMENTVoting Agreement • April 28th, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas • Nevada
VOTING AGREEMENT, dated as of April 27, 2023 (this “Agreement”), by and between BitNile Metaverse, Inc., a Delaware corporation with offices located at 303 Pearl Parkway Suite 200, San Antonio, TX 78215 (the “Company”) and the stockholders whose names appear on the signature pages hereto (each, a “Stockholder” and collectively, the “Stockholders”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 14th, 2023 • Ecoark Holdings, Inc. • Crude petroleum & natural gas
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of February 8, 2023, between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), and the holders signatory hereto (each, a “Holder” and collectively the “Holders”).
AGREEMENT OF CONVEYANCE, TRANSFER AND ASSIGNMENT OF ASSETS AND ASSUMPTION OF OBLIGATIONSAgreement of Conveyance, Transfer and Assignment of Assets and Assumption of Obligations • January 7th, 2010 • Magnolia Solar Corp • Services-business services, nec • Delaware
This Agreement of Conveyance, Transfer and Assignment of Assets and Assumption of Obligations (“Transfer and Assumption Agreement”) is made as of December 31, 2009, by Mobilis Relocation Services, Inc., a Nevada corporation (“Assignor”), and Mobilis Relocation Services Holdings, Inc., a Delaware corporation and a wholly-owned subsidiary of Assignor (“Assignee”).
EXCHANGE AGREEMENTExchange Agreement • October 28th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec • New York
EXCHANGE AGREEMENT (the “Agreement”) is made as of October __, 2019, by and between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), and the investor signatory hereto (the “Investor”).
SECOND NOTE AMENDMENT AGREEMENTSecond Note Amendment Agreement • March 28th, 2013 • Magnolia Solar Corp • Services-business services, nec • New York
THIS SECOND NOTE AMENDMENT AGREEMENT (this “Agreement”), dated as of December 21, 2012, is made by and between Magnolia Solar Corporation a Nevada corporation (“Company”), Magnolia Solar, Inc., a Delaware corporation (the “Guarantor”) and Paragon Capital Offshore LP (“Holder”).
NOTE AMENDMENT AGREEMENTNote Amendment Agreement • March 29th, 2012 • Magnolia Solar Corp • Services-business services, nec • New York
THIS NOTE AMENDMENT AGREEMENT (this “Agreement”), dated as of December 29, 2011, is made by and between Magnolia Solar Corporation a Nevada corporation (“Company”), Magnolia Solar, Inc., a Delaware corporation (the “Guarantor”) and Paragon Capital LP (“Holder”).
PURCHASE AGREEMENTPurchase Agreement • January 13th, 2017 • Ecoark Holdings, Inc. • Plastics products, nec • Nevada
PURCHASE AGREEMENT (the “Agreement”), dated as of January, 13, 2017 by and between ECOARK HOLDINGS, INC., a Nevada corporation (the “Company”), and REDDIAMOND PARTNERS LLC a New Jersey limited liability company (the “Investor”).
ECOARK HOLDINGS, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • April 3rd, 2017 • Ecoark Holdings, Inc. • Plastics products, nec • New York
THIS CERTIFIES THAT, for value received, the Holder is entitled to purchase, and ECOARK HOLDINGS, INC., a Nevada corporation (the “Company”), promises and agrees to sell and issue to the Holder, at any time, or from time to time, during the Exercise Period (as defined in Section 2), up to ___________ shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), at the Exercise Price, subject to the provisions and limitations and upon the terms and conditions hereinafter set forth.
Messrs. Randy May and Jay Puchir Chief Executive Officer & Chief Financial Officer Ecoark Holdings, Inc.Placement Agent Agreement • March 20th, 2018 • Ecoark Holdings, Inc. • Plastics products, nec • New York
SECURITY AGREEMENTSecurity Agreement • January 4th, 2019 • Ecoark Holdings, Inc. • Plastics products, nec • New York
This SECURITY AGREEMENT (as the same may be amended, restated or otherwise modified, this “Agreement”) is made this 28th day of December, 2018, between ZEST LABS, INC., a Delaware corporation, with offices at 2349 Bering Drive, San Jose, CA 95131 (“Grantor”), and TREND DISCOVERY SPV I, LLC, a Delaware limited liability company, with offices at 7 Wells Street, Suite 302D, Saratoga Springs, NY 12866, and its successors and assigns (“Lender”).
GUARANTYGuaranty • April 28th, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas • Nevada
GUARANTY, dated as of April 27, 2023 (this “Guaranty”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”), in favor of Arena Investors, LP, in its capacity as collateral agent under the Purchase Agreement (defined below) (the “Collateral Agent”) for itself and the purchasers signatory (the Collateral Agent together with such purchasers and their permitted assigns, the “Purchasers”) to that certain Securities Purchase Agreement, dated as of the date hereof, between BitNile Metaverse, Inc., a Nevada corporation (the “Company”) and the Purchasers (the “Purchase Agreement”).
NOTE CONVERSION AGREEMENTNote Conversion Agreement • March 29th, 2012 • Magnolia Solar Corp • Services-business services, nec • New York
THIS NOTE CONVERSION AGREEMENT (this “Agreement”), dated as of December 29, 2011, is made by and between Magnolia Solar Corporation a Nevada corporation (“Company”), Magnolia Solar, Inc., a Delaware corporation (the “Guarantor”) and Jagdeep S. Gahlawat (“Holder”).
SHARE EXCHANGE AGREEMENTShare Exchange Agreement • February 14th, 2023 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
This Share Exchange Agreement (this “Agreement”) dated as of February 8, 2023 (the “Effective Date”), is made and entered into by and between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), Ault Alliance, Inc., a Delaware corporation (“AAI”) and the other signatories hereto (the “Minority Shareholders” and with AAI, the “Shareholders”). The Company, AAI and the Minority Shareholders are at times referred to herein individually as a “Party” and collectively as the “Parties.”
SHARE EXCHANGE AGREEMENTShare Exchange Agreement • August 30th, 2022 • Ecoark Holdings, Inc. • Crude petroleum & natural gas
This Share Exchange Agreement (the “Agreement”), dated as of the 23rd day of August 2022, by and among Enviro Technologies U.S., Inc., a Florida corporation (“Enviro”), Banner Midstream Corp., a Delaware corporation (“Banner Midstream”)’ and Ecoark Holdings, Inc. a Nevada corporation ( “Ecoark”) and the sole shareholder of Banner Midstream:
STOCK PURCHASE AND SALE AGREEMENT by and between ECOARK HOLDINGS, INC., and BANNER ENERGY SERVICES CORP. Dated as of March 27, 2020Stock Purchase and Sale Agreement • April 2nd, 2020 • Ecoark Holdings, Inc. • Plastics products, nec • Delaware
This Stock Purchase and Sale Agreement (this “Agreement”) is made and entered into as of March 27, 2020, by and among ECOARK HOLDINGS, INC., a Nevada corporation (“Buyer”), and BANNER ENERGY SERVICES CORP., a Nevada corporation (“Seller”).
MASTER LICENSE AGREEMENTMaster License Agreement • June 17th, 2016 • Ecoark Holdings, Inc. • Plastics products, nec • Massachusetts
This Master License Agreement (this “Agreement”), effective as of the date fully executed by all parties, is entered into by and between Magnolia Solar, Inc., a corporation formed under the laws of the state of Delaware (the “LICENSEE”) and Magnolia Optical Technologies, Inc., corporation formed under the laws of the state of Delaware ( the “LICENSOR”).
