SERIES B COMMON STOCK PURCHASE WARRANT DPW HOLDINGS, INC.Common Stock Purchase Warrant • May 16th, 2018 • DPW Holdings, Inc. • Electronic components, 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 six months from the Issue Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the five year anniversary of the Closing Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from DPW 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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 16th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 15, 2018, between DPW Holdings, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
AMENDED & RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 26th, 2019 • DPW Holdings, Inc. • Electronic components, nec
This AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of September 26, 2019, between DPW Holdings, Inc., a Delaware corporation (the “Company”), and the purchaser signatory hereto (the “Purchaser”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 16th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April 16, 2018, by and between DPW HOLDINGS, INC., a Delaware corporation, with headquarters located at 48430 Lakeview Blvd., Fremont, CA 94538 (the “Company”), and _____________, with its address at ______________ (the “Buyer”).
UNDERWRITING AGREEMENT between DPW HOLDINGS, INC. and as Sole Book-Runner DPW HOLDINGS, INC.Underwriting Agreement • April 1st, 2019 • DPW Holdings, Inc. • Electronic components, nec • New York
The undersigned, DPW Holdings, Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of DPW Holdings, Inc. (the “Company”), hereby confirms its agreement (this “Agreement”) with A.G.P./Alliance Global Partners (hereinafter referred to as “you” (including its correlatives) or the “Underwriter”) as follows:
1,000,000 SHARES OF COMMON STOCK 500,000 REDEEMABLE COMMON STOCK PURCHASE WARRANTS DIGITAL POWER CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • October 16th, 1996 • Digital Power Corp • Florida
AULT GLOBAL HOLDINGS, INC., Issuer and Trustee INDENTURE Dated as of [ ], 2021 Senior Debt Securities CROSS-REFERENCE TABLE1Indenture • October 29th, 2021 • Ault Global Holdings, Inc. • Electronic components, nec • New York
EMPLOYMENT AGREEMENT for JONATHAN WAXEmployment Agreement • March 18th, 2004 • Digital Power Corp • Electronic components, nec • California
EXHIBIT 10.2 SECURITIES PURCHASE AGREEMENT THIS SECURITIES PURCHASE AGREEMENT (the "Agreement") is made as of ________, 2004, by and between Digital Power Corporation, a California corporation (the "Company") and _____________________________ (the...Securities Purchase Agreement • July 14th, 2004 • Digital Power Corp • Electronic components, nec • California
SECURITIES PURCHASE AGREEMENT THIS SECURITIES PURCHASE AGREEMENT (the "Agreement") is made as of January 12, 2004, by and between Digital Power Corporation, a California corporation (the "Company") and Telkoor Telecom Ltd., a limited liability...Securities Purchase Agreement • January 14th, 2004 • Digital Power Corp • Electronic components, nec • California
PRE-FUNDED COMMON STOCK PURCHASE WARRANT DPW HOLDINGS, INC.Pre-Funded Common Stock Purchase Warrant • April 1st, 2019 • DPW Holdings, Inc. • Electronic components, nec • New York
THIS PRE-FUNDED WARRANT TO PURCHASE COMMON STOCK (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 March 29, 2019 (the “Initial Exercise Date”) and prior to 5:00 p.m. (New York time) on the date that is five (5) years following March 29, 2019 (the “Termination Date”) but not thereafter, to subscribe for and purchase from DPW Holdings, Inc., a Delaware corporation (the “Company”), up to ______ shares of common stock, par value $0.001 per share, of the Company (the “Warrant Shares”), as subject to adjustment hereunder. 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).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 24th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of January 23, 2018, by and between DPW HOLDINGS, INC., a Delaware corporation (the “Company”), and ________________, a Delaware limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Securities Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
COMMON STOCK PURCHASE WARRANT DPW HOLDINGS, INC.Common Stock Purchase Warrant • April 4th, 2019 • DPW Holdings, Inc. • Electronic components, nec • New York
THIS WARRANT TO PURCHASE COMMON STOCK (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 Issuance Date (the “Initial Exercise Date”) and, prior to at 5:00 p.m. (New York time) on the date that is five (5) years following April 2, 2019 (the “Termination Date”) but not thereafter, to subscribe for and purchase from DPW Holdings, Inc., a Delaware corporation (the “Company”), up to ______ shares of Common Stock, par value $0.001 per share, of the Company (the “Warrant Shares”), as subject to adjustment hereunder. 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).
EMPLOYMENT AGREEMENTEmployment Agreement • April 14th, 2000 • Digital Power Corp • Electronic components, nec • California
EXHIBIT 4 DIGITAL POWER CORPORATION, A California Corporation CONVERTIBLE NOTE $250,000 AGGREGATE PRINCIPAL AMOUNT NEITHER THIS NOTE NOR THE SECURITIES ISSUABLE UPON THE CONVERSION HEREOF AS PROVIDED HEREIN HAVE BEEN REGISTERED UNDER THE SECURITIES...Convertible Note • February 9th, 2005 • Digital Power Corp • Electronic components, nec • California
SENIOR SECURED CONVERTIBLE PROMISSORY NOTE DUE NOVEMBER 15, 2018Convertible Security Agreement • May 16th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
THIS SENIOR SECURED CONVERTIBLE PROMISSORY NOTE is one of a series of duly authorized and validly issued Senior Secured Convertible Promissory Notes of DPW Holdings, Inc., a Delaware corporation (the “Company”), having its principal place of business at 201 Shipyard Way, Newport Beach, CA 92663, designated as its Senior Secured Convertible Promissory Note due November 15, 2018 (this “Note”, or collectively with the other Notes of such series, the “Notes”).
COMMON STOCK PURCHASE WARRANT DPW HOLDINGS, INC.Security Agreement • April 16th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with the funding of the purchase price of $1,550,000.00 for the $1,722,222.22 secured convertible promissory note issued to the Holder (as defined below) by the Company (as defined below) on the Issuance Date (the “Note”), ________________ (including any permitted and registered 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 of issuance hereof, to purchase from DPW Holdings, Inc., a Delaware corporation (the “Company”), up to 993,590 shares of Common Stock (as defined below) (the “Warrant Shares”) (whereby such number may be adjusted from time to time pursuant to the terms and conditions of this Warrant) at the Exercise Price per share then in effect. This Warrant is issued by the Company as of the date hereof in connection with that certain securities purchase agre
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 15th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 14, 2023 (the “Effective Date”), between RiskOn International, Inc., a Nevada corporation (the “Company”) and Ault Alliance, Inc., a Delaware corporation (the “Purchaser”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • May 16th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
SUBSIDIARY GUARANTEE, dated as of May 15, 2018 (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 Securities Purchase Agreement, dated as of the date hereof, between DPW Holdings, Inc., a Delaware corporation (the “Company”) and the Purchasers (the “Purchase Agreement”).
EXHIBIT 2.1 DATED 1998Asset Sale Agreement • February 10th, 1998 • Digital Power Corp • Electronic components, nec
TECHNOLOGY TRANSFER AGREEMENT 1. Parties. The parties ("the Parties") to this technology transfer agreement ("this Agreement") are Digital Power Corporation ("Digital") on the one hand, and Ki Dong Kang ("Kang") and KDK Electronics, Inc. ("KDK"), on...Technology Transfer Agreement • November 13th, 1998 • Digital Power Corp • Electronic components, nec
COMMON STOCK PURCHASE WARRANT DPW HOLDINGS, INC.Securities Agreement • June 27th, 2019 • DPW Holdings, Inc. • Electronic components, nec • New York
This COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received (in connection with the issuance of the $660,000.00 4% Original Issue Discount Convertible Promissory Note to the Holder (as defined below) of even date) (the “Note”), Twitchell Fund, LLC, a Delaware limited liability company (including any permitted and registered 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 July 15, 2019, to purchase from DPW Holdings, Inc., a Delaware corporation (the “Company”), up to 500,000 shares of Common Stock (as defined below) (the “Warrant Shares”) (whereby such number may be adjusted from time to time pursuant to the terms and conditions of this Warrant) at the Exercise Price per share then in effect. This Warrant is issued by the Company as of the date hereof in connection with that certain securities purchase agreement dated May 14, 2019, by and between th
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 18th, 2019 • DPW Holdings, Inc. • Electronic components, nec
This Agreement is made pursuant to the Amended and Restated Securities Purchase Agreement, dated as of the date hereof, between the Company and each of the purchasers signatory thereto (the “Purchase Agreement”).
1 EXHIBIT 10.4 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement"), effective as of October 1, 1996, is entered into by and between Digital Power Corporation, a California corporation (the "Company") and Robert O. Smith ("Employee"), in...Employment Agreement • December 3rd, 1996 • Digital Power Corp • Electronic components, nec • California
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 16th, 2016 • Digital Power Corp • Electronic components, nec
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of November 15, 2016, among the undersigned corporation (the “Company”), and each signatory hereto (each, an “Investor” and collectively, the “Investors”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Subscription Agreement (as defined below).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 3rd, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
This Securities Purchase Agreement (as amended, supplemented, restated and/or modified from time to time, this “Agreement”) is entered into as of December 29, 2021, by and among BitNile Holdings, Inc., a Delaware corporation (and, unless the context requires otherwise, collectively with the “Subsidiaries” referred to below, the “Company”), and each investor indentified on the signature page hereto (each, including its successors and assigns, the “Investor”).
FORM OF COMMON STOCK PURCHASE WARRANT DIGITAL POWER CORPORATIONSecurity Agreement • July 31st, 2017 • Digital Power Corp • Electronic components, 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 six (6) month anniversary of the Initial Issuance Date (the “Initial Exercise Date”) and on or prior to the close of business on July 28, 2022 (the “Termination Date”) but not thereafter, to subscribe for and purchase from DIGITAL POWER CORPORATION, a California corporation (the “Company”), up to 83,334 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).
Common Stock ($0.001 par value per share) At Market Issuance Sales AgreementAt Market Issuance Sales Agreement • February 27th, 2018 • DPW Holdings, Inc. • Electronic components, nec • New York
DPW Holdings, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Agent”), as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 26th, 2017 • Digital Power Corp • Electronic components, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 25, 2017, between Digital Power Corporation, a California corporation (the “Company”), and [●] (“Purchaser”).
At-The-Market Issuance Sales AgreementAt-the-Market Issuance Sales Agreement • June 9th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
Ault Alliance, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Ascendiant Capital Markets, LLC (“Ascendiant”), as follows:
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • April 16th, 2019 • DPW Holdings, Inc. • Electronic components, nec • New York
This EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of this April 12, 2019 and effective as of May 1, 2019 (“Effective Date”), by and between DPW Holdings, Inc., a Delaware corporation with an address of 100 Park Avenue, Suite 1658A New York, NY 10017 (the “Company”) and Henry Nisser, an individual (the “Executive”).
SUBSCRIPTION AGREEMENTSubscription Agreement • November 16th, 2016 • Digital Power Corp • Electronic components, nec • New York
This Subscription Agreement (this “Agreement”) is being delivered to the purchaser identified on the signature page to this Agreement (the “Subscriber”) in connection with its investment in the securities of Digital Power Corporation, a California corporation (the “Company”). The Company is conducting a private placement (the “Offering”) of up to Eight Hundred Thousand Dollars ($800,000) of units (the “Units”) at a purchase price of $0.60 per Unit (the “Purchase Price”) with each Unit consisting of (i) one share (collectively, the “Subject Shares”) of the Company’s common stock, no par value per share (the “Common Stock”), and (ii) a three year warrant, in the form attached hereto as Exhibit A (collectively, the “Warrants”), to purchase one (1) share of Common Stock (collectively, the “Warrant Shares”) at an exercise price of $0.80 per share. For purposes of this Agreement, the term “Securities” shall refer to the Shares, the Warrants and the Warrant Shares and the term “Shares” shall
DIGITAL POWER CORPORATION COMMON STOCK PURCHASE WARRANT AUGUST 3, 2017Warrant Agreement • August 9th, 2017 • Digital Power Corp • Electronic components, nec • California
THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) of Digital Power Corporation, a corporation duly organized and validly existing under the laws of California (the “Company”), is issued to the Holder (as defined below) in connection with a 12% Convertible Note (the “Note”). This Warrant is exercisable for up to an aggregate 666,666 shares of Common Stock, as defined below, subject to adjustment pursuant to the anti dilution provisions therein.
PURCHASE AGREEMENTPurchase Agreement • June 21st, 2024 • Ault Alliance, Inc. • Electronic components, nec • New York
THIS PURCHASE AGREEMENT (this “Agreement”), dated as of June 20, 2024, is made by and between ORION EQUITY PARTNERS, LLC (the “Investor”) and AULT ALLIANCE, INC., a Delaware corporation (the “Company”).
ContractConvertible Security Agreement • December 8th, 2017 • Digital Power Corp • Electronic components, nec • New York
NEITHER THIS SECURITY NOR THE SECURITIES INTO WHICH THIS SECURITY IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE COMPANY TO SUCH EFFECT, OR COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THIS SECURITY AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS SECURITY MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT OR OTHER LOAN SECURED BY SUCH SECURITIES, UNLESS OTHERWIS
