PRE-FUNDED COMMON STOCK PURCHASE WARRANT SOLUNA HOLDINGS, INC.Security Agreement • August 14th, 2023 • Soluna Holdings, Inc • Finance services
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Chuntao Zhou 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 until this Warrant is exercised in full (the “Termination Date”), to subscribe for and purchase from Soluna Holdings, Inc., a Nevada corporation (the “Company”), up to 1,757,494 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 1(b).
EXHIBIT 10.39 FORM OF REGISTRATION RIGHTS AGREEMENT ------------------------------------- This Registration Rights Agreement (this "Agreement") is entered into as of November 1, 1999 by and among Plug Power Inc., a Delaware corporation (the...Registration Rights Agreement • December 28th, 1999 • Mechanical Technology Inc • Measuring & controlling devices, nec • Delaware
BETWEENContribution Agreement • August 13th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec • Michigan
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 20th, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 19, 2022, is by and among Soluna Holdings, Inc., a Nevada corporation with headquarters located at 325 Washington Avenue Extension, Albany, New York 12205 (the “Company”), and the investors who are signatories to this Agreement (each, a “Purchaser” and collectively, the “Purchasers”).
CREDIT AGREEMENTCredit Agreement • December 16th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
OF PLUG POWER, LLCLimited Liability Company Agreement • August 13th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec • Michigan
FORM OF CLASS D COMMON STOCK PURCHASE WARRANTWarrant Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Nevada
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 February [ ],2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Soluna Holdings, Inc., formerly known as Mechanical Technology, Incorporated, 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).
AMENDED AND RESTATED CLASS C COMMON STOCK PURCHASE WARRANT SOLUNA HOLDINGS, INC.Common Stock Purchase Warrant • May 15th, 2024 • Soluna Holdings, Inc • Finance services
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 December 6, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Soluna 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). This is an amendment and restatement of the Common Stock Purchase Warrant originally issued on September 13, 2022.
Exhibit 10.20 ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 22nd, 1997 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
Exhibit 4.92 AMENDMENT THREE TO AMENDED AND RESTATED LOAN AGREEMENT This Amendment Three is dated as of November 30, 1995 and is made by and between MECHANICAL TECHNOLOGY INCORPORATED, a corporation organized under the laws of New York (the...Loan Agreement • January 2nd, 1996 • Mechanical Technology Inc • Measuring & controlling devices, nec
CLASS G COMMON STOCK PURCHASE WARRANT Soluna Holdings, Inc.Securities Agreement • September 14th, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation
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 September 13, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Soluna 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).
AMENDED CLASS B COMMON STOCK PURCHASE WARRANT SOLUNA HOLDINGS, INC. (F/K/A MECHANICAL TECHNOLOGY, INCORPORATED)Security Agreement • May 15th, 2024 • Soluna Holdings, Inc • Finance services
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 following the approval of the transactions contemplated by the Fourth Amendment Agreement dated as of February 24, 2024 between and among Soluna Holdings, Inc. (formerly known as Mechanical Technology, Incorporated), a Nevada corporation (the “Company”) and the Purchasers named on Schedule A thereto (the “Amended Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 10, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from, 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).
Exhibit 4.95 SECURITY AGREEMENTSecurity Agreement • December 16th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec
CONFIDENTIALPlacement Agent Agreement • December 15th, 2006 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
toMortgage and Security Agreement • January 2nd, 1996 • Mechanical Technology Inc • Measuring & controlling devices, nec
OF PLUG POWER, LLCLimited Liability Company Agreement • August 13th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec • Michigan
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 25th, 2021 • Mechanical Technology Inc • Services-computer processing & data preparation • Nevada
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 25, 2021, by and among Mechanical Technology, Incorporated, a Nevada corporation, with headquarters located at 325 Washington Avenue Extension, Albany, NY 12205 (the “Company”), and the investors listed on the Schedule of Purchasers attached hereto (each, a “Purchaser” and collectively, the “Purchasers”).
STANDBY EQUITY PURCHASE AGREEMENTStandby Equity Purchase Agreement • September 9th, 2024 • Soluna Holdings, Inc • Finance services • New York
THIS STANDBY EQUITY PURCHASE AGREEMENT (this “Agreement”) dated as of August 12, 2024 is made by and between YA II PN, LTD., a Cayman Islands exempt limited company (the “Investor”), and SOLUNA HOLDINGS, INC., a company incorporated under the laws of the State of Nevada (the “Company”). The Investor and the Company may be referred to herein individually as a “Party” and collectively as the “Parties.”
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 25th, 2021 • Mechanical Technology Inc • Services-computer processing & data preparation • Nevada
This Securities Purchase Agreement (this “Agreement”) is dated as of October 20, 2021, between Mechanical Technology, Incorporated, a Nevada corporation and includes any successor Company thereto (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and permitted assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 9th, 2024 • Soluna Holdings, Inc • Finance services
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) dated as of August 12, 2024 is made by and between YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”), and SOLUNA HOLDINGS, INC., a company incorporated under the laws of the State of Nevada (the “Company”). The Investor and the Company may be referred to herein individually as a “Party” and collectively as the “Parties.”
CLASS A COMMON STOCK PURCHASE WARRANT Soluna Holdings, INC.Common Stock Purchase Warrant • May 15th, 2023 • Soluna Holdings, Inc • Finance services
THIS CLASS A 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 set forth above (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 Soluna Holdings, Inc., a Delaware 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).
SOLUNA HOLDINGS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • December 29th, 2021 • Soluna Holdings, Inc • Services-computer processing & data preparation • New York
Exhibit 4.94 SECURITY AGREEMENTSecurity Agreement • December 16th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec
FIVE YEAR COMMON SHARE PURCHASE WARRANT SOLUNA HOLDINGS, INC.Security Agreement • May 15th, 2024 • Soluna Holdings, Inc • Finance services • New York
THIS FIVE YEAR COMMON SHARE PURCHASE WARRANT (the “Five Year Warrant” or “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 following the approval of the transactions contemplated by the Fourth Amendment Agreement dated as of February 28, 2024 between and among Soluna Holdings, Inc. (formerly known as Mechanical Technology, Incorporated), a Nevada corporation (the “Company”) and the Purchasers named on Schedule A thereto (the “Amended Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on _____ (the “Termination Date”) but not thereafter, to subscribe for and purchase from, up to _____ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one Warrant Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This represents the new five
MECHANICAL TECHNOLOGY, INCORPORATED UNDERWRITING AGREEMENTUnderwriting Agreement • April 12th, 2021 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
1997 EDITION AIA DOCUMENT I A111-1997 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR where the basis for payment is the COST OF THE WORK PLUS A FEE with a negotiated Guaranteed Maximum Price.Standard Form of Agreement Between Owner and Contractor • August 6th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec
SECURITY AGREEMENTSecurity Agreement • October 25th, 2021 • Mechanical Technology Inc • Services-computer processing & data preparation • Nevada
This SECURITY AGREEMENT, dated as of October 25, 2021 (this “Agreement”), is among Mechanical Technology, Incorporated, a Nevada corporation (the “Company”), the following Subsidiaries of the Company: MTI Instruments, Inc., EcoChain, Inc., EcoChain Wind, LLC and EcoChain Block, LLC, and each other Subsidiary of the Company which shall become a party to this Agreement by execution and delivery of the form annexed hereto as Annex A and the Subsidiary Guaranty annexed thereto (each such Subsidiary, a “Guarantor” and together with the Company, the “Debtors”), Collateral Services LLC, as collateral agent (the “Collateral Agent”) for and the holders of the Company’s Secured Convertible Notes issued at or about October 25, 2021, in the original aggregate principal amount of up to $16,304,348 and such other of the Company’s secured Convertible Notes which may be issued in the future (collectively, the “Notes”) (collectively, the “Secured Parties”).
AMENDED CLASS A COMMON STOCK PURCHASE WARRANT SOLUNA HOLDINGS, INC. (F/K/A MECHANICAL TECHNOLOGY, INCORPORATED)Securities Agreement • May 15th, 2024 • Soluna Holdings, Inc • Finance services
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 following the approval of the transactions contemplated by the Fourth Amendment Agreement dated as of February 24, 2024 between and among Soluna Holdings, Inc. (formerly known as Mechanical Technology, Incorporated), a Nevada corporation (the “Company”) and the Purchasers named on Schedule A thereto (the “Amended Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 11, 2028 (the “Termination Date”) but not thereafter, to subscribe for and purchase from, 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).
MECHANICAL TECHNOLOGY, INCORPORATED Units Consisting of [ ] Shares of Common Stock and Warrants to Purchase Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 22nd, 2008 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
Merriman Curhan Ford & Co. Ardour Capital Investments, LLC c/o Merriman Curhan Ford & Co. 600 California Street, 9th Floor San Francisco, CA 94108
ARTICLE 1Guaranty of Payment and Performance • December 16th, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
FORM OF SUBORDINATED INDENTURE MECHANICAL TECHNOLOGY INCORPORATED, ISSUER and TRUSTEE INDENTURE Dated as of [ ], 200[ ] Subordinated Debt Securities CROSS- REFERENCE TABLE1Subordinated Indenture • May 11th, 2006 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
EXTENSION COMMON SHARE PURCHASE WARRANT SOLUNA HOLDINGS, INC.Security Agreement • May 15th, 2024 • Soluna Holdings, Inc • Finance services • New York
THIS EXTENSION COMMON SHARE PURCHASE WARRANT (the “Extension Warrant” or “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 that the Company’s Common Shares have been approved for and are listed for trading on a Trading Market (the “Initial Exercise Date”) until the close of business on the three (3) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from SOLUNA HOLDINGS, INC., a Nevada corporation (the “Company”), up to _______ shares of Common Stock (as subject to adjustment hereunder, the “Warrant Shares”). The purchase price of one Warrant Share under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This represents the “Extension Warrant” referred to in the Fourth Amendment Agreement dated February 28, 202
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • October 25th, 2021 • Mechanical Technology Inc • Services-computer processing & data preparation • New York
Exhibit No. 10.26 MECHANICAL TECHNOLOGY INCORPORATED AND AMERICAN STOCK TRANSFER & TRUST COMPANY SUBSCRIPTION AGENCY AGREEMENT DATED AS OF JULY ___, 1998 THIS SUBSCRIPTION AGENCY AGREEMENT is dated as of July ___, 1998 by and between Mechanical...Subscription Agency Agreement • July 22nd, 1998 • Mechanical Technology Inc • Measuring & controlling devices, nec • New York
SOLUNA HOLDINGS, INC. [Third Amended and Restated 2021 Stock Incentive Plan] [2023 Stock Incentive Plan] Restricted Stock AgreementRestricted Stock Agreement • May 15th, 2024 • Soluna Holdings, Inc • Finance services • Nevada
Soluna Holdings, Inc. (the “Company”) hereby enters into this Restricted Stock Agreement, dated as of the date set forth below and including the Terms and Conditions attached hereto, with the Recipient named herein (the “Agreement”) and grants to the Recipient the shares of Restricted Stock specified herein pursuant to the [Soluna Holdings, Inc. Third Amended and Restated 2021 Stock Incentive Plan] [Soluna Holdings, Inc. 2023 Stock Incentive Plan], as amended and in effect from time to time (the “Plan”). This Agreement is entered into by the Company and the Recipient pursuant to the Master Restricted Stock Agreement dated as of [________], by and between the Company and the Recipient (the “Master Agreement”).
