XPENG INC. [●] AMERICAN DEPOSITARY SHARES REPRESENTING [●] CLASS A ORDINARY SHARES, PAR VALUE US$0.00001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • December 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies • New York
Contract Type FiledDecember 7th, 2020 Company Industry JurisdictionXPeng Inc., an exempted company incorporated in the Cayman Islands (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [●] Class A ordinary shares, par value US$0.00001 per share, of the Company (“Class A Ordinary Shares” and, collectively with the Class B ordinary shares, par value US$0.00001 per share, and Class C ordinary shares, par value US$0.00001 per share, of the Company, the “Ordinary Shares”), in the form of [●] American Depositary Shares (“American Depositary Shares” or “ADSs”). The aggregate of [●] ADSs to be sold by the Company is hereinafter referred to as the “Underwritten Shares”. In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional [●] Class A Ordinary Shares in the form of [●] ADSs of the Company (the “Option Shares”). The Underwritten Shares and the Option Share