VIA MOTORS INTERNATIONAL, INC. SECURED CONVERTIBLE PROMISSORY NOTESecured Convertible Promissory Note • February 1st, 2022 • Ideanomics, Inc. • Motor vehicles & passenger car bodies
Contract Type FiledFebruary 1st, 2022 Company IndustryFOR VALUE RECEIVED, in accordance with the Merger Agreement, dated as of the date hereof, by and among Ideanomics, Inc., a Nevada corporation (the “Lender”), VIA Motors International, Inc., a Delaware corporation (the “Borrower”) and the other parties thereto (the “Merger Agreement”), the undersigned, Borrower hereby promises to pay to the above named Lender or any subsequent holder the principal sum of FORTY-TWO MILLION FIVE HUNDRED THOUSAND Dollars (US$42,500,000). Simple interest on the outstanding principal hereof shall accrue from the date hereof to the Maturity Date at the rate of four percent (4%) per annum (such principal and interest together and all other amounts due and owing hereunder, the “Obligations”). All computations of interest under this Secured Convertible Promissory Note (this “Note”) shall be made on the basis of a 365-day year and the actual days elapsed (including the first but excluding the last day) occurring in the period. Capitalized terms not otherwise defi