Form of Exchange AgreementExchange Agreement • July 7th, 2021 • Hc2 Holdings, Inc. • Fabricated structural metal products • New York
Contract Type FiledJuly 7th, 2021 Company Industry JurisdictionThe undersigned investor listed on Exhibit B hereto (the “Investor” or the “Exchanging Investor”) hereby agrees to exchange, with HC2 Holdings, Inc., a Delaware corporation (the “Company”), the number of the Company’s Series [A][A-2] Convertible Participating Preferred Stock (the “Old Shares”) set forth in Exhibit B hereto that it beneficially owns for the Company’s Series [A-3][A-4] Convertible Participating Preferred Stock (the “New Shares”). The Old Shares are governed by the Certificate of Designation of the Company dated [May 29, 2014][January 5, 2015] (the “Existing Certificate of Designation”). The New Shares will be designated pursuant to a Certificate of Designation dated July 1, 2021 (the “Certificate of Designation”), substantially in the form set forth as Exhibit A hereto. If only one Exchanging Investor is identified in Exhibit B hereto, then each reference in this Exchange Agreement to “Exchanging Investors” will be deemed to be a reference to such Exchanging Investor ide