ELECTROVAYA INC. as Issuer, as U.S. Trustee and as Canadian Trustee Indenture Dated as of [___________________]Indenture • March 21st, 2024 • Electrovaya Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
INDENTURE, dated as of ____________, between ELECTROVAYA INC., a corporation existing under the Business Corporations Act (Ontario) (herein called the “Company”), having its principal office at 6688 Kitimat Road, Mississauga, Ontario, Canada L5N 1P8, and ____________, a ____________, organized under the laws of ____________, as U.S. trustee (herein called the “U.S. Trustee”), and ____________, a ____________, organized under the laws of ____________, as Canadian trustee (the “Canadian Trustee” and, together with the U.S. Trustee, the “Trustees”).
UNDERWRITING AGREEMENTUnderwriting Agreement • December 17th, 2024 • Electrovaya Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
The undersigned, Electrovaya Inc., a corporation existing under the laws of the Province of Ontario, Canada (the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Roth Capital Partners, LLC (“Roth”), is acting as representative (the “Representative” and, if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.
