SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 17th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 2, 2018, by and between CleanSpark, Inc., a Nevada corporation, with headquarters located at 70 North Main Street, Suite 105, Bountiful, UT 84010 (the “Company”), and Auctus Fund, LLC, a Delaware limited liability company, with its address at 545 Boylston Street, 2nd Floor, Boston, MA 02116 (the “Buyer”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 21st, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 20, 2020, between Cleanspark, 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”).
9,090,910 SHARES OF COMMON STOCK CLEANSPARK, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • March 18th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design • New York
The undersigned, CleanSpark, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of CleanSpark, Inc., 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 H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (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.
AT THE MARKET OFFERING AGREEMENT January 5, 2024Market Offering Agreement • January 5th, 2024 • Cleanspark, Inc. • Finance services • New York
CleanSpark, Inc., a corporation organized under the laws of Nevada (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 11th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of August 21, 2018, is entered into by and between CLEANSPARK, INC., a Nevada corporation (the “Company”), and EMA Financial, LLC, a Delaware limited liability company (the “Purchaser”).
CleanSpark, Inc. and Trustee INDENTURE Dated as of _________, ___ Providing for Issuance of Senior Debt Securities in Series INDENTURECleanspark, Inc. • November 15th, 2018 • Cogeneration services & small power producers • New York
THIS INDENTURE between CleanSpark, Inc., a Nevada corporation (hereinafter called the “Company”) having its principal office at 70 North Main Street, Ste. 105 Bountiful, Utah 84010, and, as trustee (hereinafter called the “Trustee”), is made and entered into as of ____________, ___.
UNDERWRITING AGREEMENTCleanspark, Inc. • October 9th, 2020 • Services-computer integrated systems design • New York
The undersigned, CleanSpark, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of CleanSpark, Inc., 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 H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (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.
CleanSpark, Inc. and Trustee INDENTURE Dated as of _________, ______ Providing for Issuance of Subordinated Debt Securities in Series INDENTUREIndenture • September 23rd, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers • New York
THIS INDENTURE between CleanSpark, Inc., a Nevada corporation (hereinafter called the “Company”), having its principal office at 70 North Main Street, Ste. 105 Bountiful, Utah 84010, and _____________________, as trustee (hereinafter called the “Trustee”), is made and entered into as of _________, _______.
AT THE MARKET OFFERING AGREEMENT June 3, 2021The Market Offering Agreement • June 3rd, 2021 • Cleanspark, Inc. • Services-computer integrated systems design • New York
CleanSpark, Inc., a corporation organized under the laws of Nevada (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:
CleanSpark, Inc. and Trustee INDENTURE Dated as of _________, ______ Providing for Issuance of Subordinated Debt Securities in Series INDENTUREIndenture • November 15th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • New York
THIS INDENTURE between CleanSpark, Inc., a Nevada corporation (hereinafter called the “Company”), having its principal office at 70 North Main Street, Ste. 105 Bountiful, Utah 84010, and _____________________, as trustee (hereinafter called the “Trustee”), is made and entered into as of _________, _______.
WARRANT NO. OW-l STRATEAN INC. ___________ Shares WARRANT TO PURCHASE COMMON STOCK VOID AFTER 5:30 P.M., EASTERN TIME, ON THE EXPIRATION DATEStratean Inc. • March 17th, 2015 • Blank checks
THIS WARRANT AND ANY SHARES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), AND MAY NOT BE SOLD, PLEDGED, HYPOTHECATED, DONATED OR OTHERWISE TRANSFERRED WITHOUT COMPLIANCE WITH THE REGISTRATION OR QUALIFICATION PROVISIONS OF APPLICABLE FEDERAL AND STATE SECURITIES LAWS OR APPLICABLE EXEMPTIONS THEREFROM.
SALES AND PURCHASE AGREEMENT BETWEENNon-Fixed Price • May 6th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design
This non-fixed price sales and purchase agreement (this “Agreement”) is made on April 12, 2021 by and between Bitmain Technologies Limited (“Bitmain”) (Company number: 2024301), with its registered office at Unit A1 of Unit A, 11th Floor, Success Commercial Building, 245-251 Hennessy Road, Hong Kong, and CleanSpark Inc. (the “Purchaser”) (Company ID: 87-0449945), with its principal place of business at 1185 South 1800 West, Suite 3 Woods Cross Utah 84087.
DATED Oct 6th, 2023 FUTURE SALES AND PURCHASE AGREEMENT (Antminer S21-Phase I) BETWEEN BITMAIN TECHNOLOGIES DELAWARE LIMITED ("BITMAIN") andSales and Purchase Agreement • October 11th, 2023 • Cleanspark, Inc. • Finance services
AGREEMENT AND PLAN OF MERGER by and among PIONEER CRITICAL POWER, INC., the Company; CLEANSPARK, INC., the Parent And CLEANSPARK ACQUISITION, INC. Merger Sub Dated as of January 22, 2019Agreement and Plan of Merger • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 22, 2019 (this “Agreement“), is by and among Pioneer Critical Power, Inc., a Delaware corporation (“Company“), CleanSpark, Inc., a Nevada corporation (“Parent“) and CleanSpark Acquisition, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub“). Certain terms used in this Agreement are used as defined in Article 9.
EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2022 • Cleanspark, Inc. • Services-computer integrated systems design • Nevada
This Employment Agreement (this “Agreement”), dated as of December 15, 2021 (the “Effective Date”), is entered into by and between CleanSpark, Inc., a Nevada corporation (the “Company”), and Gary Vecchiarelli (the “Employee”). This Agreement supersedes and replaces any previous agreements, express or implied, between the parties concerning employment terms.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 31st, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Virgin Islands
This Securities Purchase Agreement (“Agreement”) is made and entered into on December 31, 2018 (“Effective Date”), by and between CleanSpark, Inc., a Nevada corporation (“Company”), and the investor whose name appears on the signature page hereto (“Investor”).
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 5th, 2024 • Cleanspark, Inc. • Finance services • Delaware
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of August 2, 2024 (the “Restatement Effective Date”), among GRIID INFRASTRUCTURE INC., a Delaware corporation (the “Borrower”), the other LOAN PARTIES (as defined herein) from time to time party hereto and CLEANSPARK, INC. (the “Lender”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 9th, 2022 • Cleanspark, Inc. • Services-computer integrated systems design • New York
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into by and among CSRE PROPERTIES SANDERSVILLE, LLC, a Georgia limited liability company, having a mailing address at 2380 Godby Road, College Park, Georgia 30349 (“Purchaser”), LUNA SQUARES, LLC (f/k/a Innovative Property Management, LLC), a Delaware limited liability company, having a mailing address of Level 5, 97 Pacific Highway, North Sydney, NSW 2060 Australia (“Luna”), MAWSON INFRASTRUCTURE GROUP, INC., a Delaware corporation having a mailing address of Level 5, 97 Pacific Highway, North Sydney, NSW 2060 Australia (“MIG”) and Luna and MIG are collectively referred to as (“Seller”)), and CLEANSPARK, INC., a Nevada corporation having its principal executive office at 2370 Corporate Circle, Suite 160, Henderson, Nevada 89074 (“Parent”). The effective date of this Agreement (the “Effective Date”) shall be the day on which this Agreement is fully executed by Purchaser and Seller.
INDEMNITY AGREEMENTIndemnity Agreement • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
THIS INDEMNITY AGREEMENT (this “Agreement”) is executed on the 22nd day of January 2019, by PIONEER CRITICAL POWER INC., a Delaware corporation (“Pioneer Critical”), and PIONEER POWER SOLUTIONS, INC., a Delaware corporation, (“Indemnitor”), to and in favor of CLEANSPARK, INC., a Nevada corporation (“Indemnitee’).
CREDIT AGREEMENT Dated as of June 26, 2024 among GRIID INFRASTRUCTURE INC., as the Borrower, the other LOAN PARTIES from time to time party hereto, and CLEANSPARK, INC., as the LenderCredit Agreement • June 27th, 2024 • Cleanspark, Inc. • Finance services • Delaware
This CREDIT AGREEMENT is entered into as of June 26, 2024, among GRIID INFRASTRUCTURE INC., a Delaware corporation (the “Borrower”), the other LOAN PARTIES (as defined herein) from time to time party hereto and CLEANSPARK, INC. (the “Lender”).
AGREEMENT AND PLAN OF MERGER among CLEANSPARK, INC., TRON MERGER SUB, INC. and GRIID INFRASTRUCTURE INC. Dated as of June 26, 2024Agreement and Plan of Merger • June 27th, 2024 • Cleanspark, Inc. • Finance services • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of June 26, 2024 (this “Agreement”), among CleanSpark, Inc., a Nevada corporation (“Parent”), Tron Merger Sub, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and GRIID Infrastructure Inc., a Delaware corporation (the “Company”).
NON-COMPETITION AND NON-SOLICITATION AGREEMENTNon-Competition and Non-Solicitation Agreement • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This Non-Competition and Non-Solicitation Agreement (this "Agreement") is entered into as of January 22, 2019 (the "Effective Date"), by and between CleanSpark, Inc., a Nevada corporation ("Buyer"), and Pioneer Power Solutions Inc., a Delaware corporation ("Shareholder").
ASSET PURCHASE AGREEMENT by and between CLEANSPARK, INC. and pioneer CUSTOM ELECTRIC PRODUCTS CORP. May 2, 2018Asset Purchase Agreement • May 8th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Delaware
This ASSET PURCHASE AGREEMENT (this “Agreement”) dated as of May 2, 2018, is by and between CLEANSPARK, INC., a Nevada corporation (“Purchaser”), and PIONEER CUSTOM ELECTRIC PRODUCTS CORP., a Delaware corporation (“Seller”). Purchaser and Seller are referred to collectively herein as the “Parties”.
CONTRACT MANUFACTURING AGREEMENTContract Manufacturing Agreement • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • California
This CONTRACT MANUFACTURING AGREEMENT (the “Agreement”) is made as of January 22, 2019, by and between Cleanspark, Inc., a Nevada corporation (“Cleanspark”) and Pioneer Power Solutions, Inc., a Delaware corporation (“Pioneer”).
VOTING AGREEMENTVoting Agreement • June 27th, 2024 • Cleanspark, Inc. • Finance services • Delaware
This VOTING AGREEMENT (this “Agreement”), dated as of June 26, 2024, is entered into by and between the undersigned stockholder (“Stockholder”) of GRIID Infrastructure Inc., a Delaware corporation (the “Company”), and CleanSpark, Inc., a Nevada corporation (“Parent”). Parent and Stockholder are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
DEBT SETTLEMENT AGREEMENTDebt Settlement Agreement • February 14th, 2017 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This Debt Settlement Agreement (“Agreement”) is entered into on this __th day of February, 2017 (the “Effective Date”), by and between Webcor Construction LP, dba Webcor Builders, a California limited partnership, (“Webcor”) and CleanSpark, Inc., a Nevada corporation, and CleanSpark, LLC, a California limited liability company (together “CleanSpark”) (individually, a “Party”, and all collectively, the “Parties”).
ASSET AND INTELLECTUAL PROPERTY PURCHASE AGREEMENTAsset and Intellectual Property Purchase Agreement • April 10th, 2014 • Smartdata Corp • Blank checks
This Asset and Intellectual Property Purchase Agreement, hereinafter referred to as the "Agreement", is made and executed on the following terms and conditions among:
THIRD AMENDMENT TO TRANSACTION DOCUMENTSTransaction Documents • May 6th, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers
This Third Amendment to Transaction Documents (“Amendment”) is made and entered into on May 1, 2020 (“Amendment Date”), by and between CleanSpark, Inc., a Nevada corporation, (“Company”), and the investor whose name appears below (“Investor”).
Employment AgreementEmployment Agreement • May 9th, 2024 • Cleanspark, Inc. • Finance services • Nevada
This Employment Agreement (the "Agreement") is made and entered into as of May 7, 2024 by and between Taylor Monnig (the "Executive") and CleanSpark, Inc., a Nevada domestic corporation (the "Company").
COLOCATION MINING SERVICES AGREEMENTColocation Mining Services Agreement • June 27th, 2024 • Cleanspark, Inc. • Finance services • Nevada
This Exhibit A (the “Standard Terms”) is made part of, and is hereby incorporated by reference into, the Agreement between the Parties. All capitalized terms not defined in these Standard Terms shall have the meanings given to such terms in the Agreement.
HARDWARE PURCHASE & SALES AGREEMENTSales Agreement • May 6th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design
_________________ (hereinafter referred to as “_________”) a _____________ with its principal office located at _________________ And _____________________ (hereinafter referred to as “customer”) with its principal office located at _____________.
Amendment No. 2 to Asset Purchase AgreementAsset Purchase Agreement • August 22nd, 2016 • Stratean Inc. • Blank checks
The Amendment No. 2 (this “Amendment”) to that certain Asset Purchase Agreement (the “Agreement”) dated as of June 30, 2016, by and among Stratean, Inc., a Nevada corporation (“Parent”), and CleanSpark II, LLC, a Nevada limited liability company and wholly owned subsidiary of Parent (together, “Purchaser”), on the one hand, and CleanSpark Holdings LLC, a Delaware limited liability company (“CleanSpark”) on behalf of itself and its Affiliates (as that term is defined in the Agreement), including, without limitation, CleanSpark LLC, a California limited liability company, CleanSpark Technologies LLC, a Delaware limited liability company, and Specialized Energy Solutions, Inc., a California corporation (together with CleanSpark, “Seller”), on the other hand, is made effective as of August 19, 2016 (the “Amendment Effective Date”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • October 27th, 2023 • Cleanspark, Inc. • Finance services
This Amendment to Employment Agreement (the “Amendment”) is agreed to as of October 24, 2023 (“Effective Date”), by and among CleanSpark, Inc., a Nevada corporation (“CleanSpark” or the “Company”), and Gary Vecchiarelli (“Employee”) (Employee and CleanSpark collectively referred to as the “Parties”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 31st, 2024 • Cleanspark, Inc. • Finance services • Wyoming
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is dated as of the 29th day of May, 2024 (“Effective Date”) by and among MineOne Wyoming Data Center LLC, a Delaware limited liability company, having a principal place of business located at 635 Logistics Drive, Cheyenne, Wyoming 82009 (“Seller”), and CSRE PROPERTIES WYOMING, LLC, a Wyoming limited liability company, having a principal place of business located at 10624 S Eastern Ave., Ste A-638, Henderson NV 89052, or its assigns (“Buyer”; and together with Seller, the “Parties” and, individually, a “Party”).
WARRANT AGREEMENTWarrant Agreement • October 31st, 2024 • Cleanspark, Inc. • Finance services • Texas
THIS WARRANT AGREEMENT (this “Agreement”), dated as of October 30, 2024, is entered into by and between CleanSpark, Inc., a Nevada corporation (the “Company”), and Securities Transfer Corporation, a Texas corporation (the “Warrant Agent”).
