PHOENIX MOTOR INC. WARRANT TO PURCHASE COMMON STOCKPhoenix Motor Inc. • February 12th, 2024 • Truck & bus bodies • New York
THIS CERTIFIES THAT, for value received and subject to the terms and conditions set forth below,[___________], or assigns (the “Holder”), is entitled to subscribe for and purchase at the Exercise Price (defined below) from Phoenix Motor Inc., a Delaware corporation, with its principal office at 1500 Lakeview Loop, Anaheim, CA 92807 (the “Company”) [_________]shares of the Common Stock of the Company (the “Common Stock”), subject to adjustment as provided herein. This Warrant is being issued pursuant to the terms of the Securities Purchase Agreement, dated February 6, 2024, by and among the Company and the original Holder of this Warrant and the other parties named therein (the “Purchase Agreement”). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Purchase Agreement.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 12th, 2024 • Phoenix Motor Inc. • Truck & bus bodies • New York
This Securities Purchase Agreement (this “Agreement”), dated as of February 7, 2024 (the “Effective Date”), is by and between Phoenix Motor Inc., a company incorporated under the laws of the Delaware with its principal office at 1500 Lakeview Loop, Anaheim, CA 92807 (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”). Each of the Purchasers and the Company is referred to herein each as a “Party”, and collectively as the “Parties”.
