0001013762-23-000456 Sample Contracts

Contract
Joint Development Agreement • October 2nd, 2023 • Power & Digital Infrastructure Acquisition II Corp. • Air-cond & warm air heatg equip & comm & indl refrig equip

*CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND IS THE TYPE OF INFORMATION THE COMPANY CUSTOMARILY AND ACTUALLY TREATS AS PRIVATE AND CONFIDENTIAL. REDACTED INFORMATION IS INDICATED BY [***].

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INVESTMENT AGREEMENT
Investment Agreement • October 2nd, 2023 • Power & Digital Infrastructure Acquisition II Corp. • Air-cond & warm air heatg equip & comm & indl refrig equip • Delaware

INVESTMENT AGREEMENT (this “Agreement”), dated as of September 29, 2023 (the “Effective Date”), by and among Montana Technologies LLC, a Delaware limited liability company (“PrivateCo”), POWER & DIGITAL INFRASTRUCTURE ACQUISITION II CORP., a Delaware corporation (“PublicCo”), CONTEMPORARY AMPEREX TECHNOLOGY CO., LIMITED, a limited company organized under the Laws of the People’s Republic of China (“CATL”), CATL US INC., a Delaware corporation (“CATL US”), and Contemporary Amperex Technology USA Inc., a Delaware corporation (the “Investor” and, together with CATL and CATL US, the “CATL Parties” and each, a “CATL Party”). For purposes of this Agreement, we refer to each of PrivateCo, PublicCo, CATL, CATL US and the Investor as a “Party” and, collectively, as the “Parties.”

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