LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 3rd, 2021 • Atlas Crest Investment Corp. • Aircraft
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of the Effective Date among (a) SILICON VALLEY BANK, a California corporation (“SVB”), in its capacity as administrative agent and collateral agent (“Agent”), (b) SILICON VALLEY BANK, a California corporation, as a lender, (c) SVB INNOVATION CREDIT FUND VIII, L.P., a Delaware limited partnership, as a lender (“Innovation” and with SVB and each of the other lenders from time to time a party hereto collectively the “Lenders” and each individually a “Lender”), and (d) the borrower listed on Schedule I hereto (“Borrower”). The parties agree as follows:
WARRANT TO PURCHASE SHARES of ARCHER AVIATION INC.Atlas Crest Investment Corp. • August 3rd, 2021 • Aircraft • Delaware
THIS CERTIFIES THAT, for value received, FCA US LLC, a Delaware limited liability company, or its registered assigns (the “Holder”), is entitled, subject to the terms and conditions set forth herein, to purchase from ARCHER AVIATION INC., a Delaware corporation (the “Company”), Shares (as defined below), in the amounts, at such times and at the price per share set forth herein. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein.
WARRANT TO PURCHASE SHARES of ARCHER AVIATION INC.Atlas Crest Investment Corp. • August 3rd, 2021 • Aircraft • Delaware
THIS CERTIFIES THAT, for value received, Mesa Air Group, Inc. (“Mesa”), or its registered assigns (the “Holder”), is entitled, subject to the terms and conditions set forth herein, to purchase from ARCHER AVIATION INC., a Delaware corporation (the “Company”), Shares (as defined below), in the amounts, at such times and at the price per share set forth herein. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein.
WARRANT TO PURCHASE SHARES of ARCHER AVIATION INC.Atlas Crest Investment Corp. • August 3rd, 2021 • Aircraft • Delaware
THIS CERTIFIES THAT, for value received, United Airlines, Inc. (“United”), or its registered assigns (the “Holder”), is entitled, subject to the terms and conditions set forth herein, to purchase from ARCHER AVIATION INC., a Delaware corporation (the “Company”), Shares (as defined below), in the amounts, at such times and at the price per share set forth herein. The term “Warrant” as used herein shall include this Warrant and any warrants delivered in substitution or exchange therefor as provided herein.
