INDEMNITY AGREEMENTIndemnity Agreement • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of [•], by and between Lightning eMotors, Inc., a Delaware corporation (the “Company”), and [•] (“Indemnitee”).
LIGHTNING EMOTORS, INC. AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 6, 2021 7.50% Convertible Senior Notes due 2024Indenture • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • New York
INDENTURE dated as of May 6, 2021 between Lightning eMotors, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
GIGCAPITAL3, INC. STOCK OPTION AGREEMENT (U.S. Participants)Stock Option Agreement • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • Delaware
GigCapital3, Inc., a Delaware corporation (the “Company”), has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase a number of shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the GigCapital3, Inc. 2021 Equity Incentive Plan (the “Plan”), as amended, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectu
GIGCAPITAL3, INC. RESTRICTED STOCK UNITS AGREEMENT (U.S. Participants)Restricted Stock Units Agreement • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • Delaware
GigCapital3, Inc., a Delaware corporation (the “Company”), has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “Grant Notice”) to which this Restricted Stock Units Agreement (the “Agreement”) is attached an Award consisting of Restricted Stock Units (each a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of the GigCapital3, Inc. 2021 Equity Incentive Plan (the “Plan”), as amended, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospec
REGISTRATION RIGHTS AND LOCK-UP AGREEMENTRegistration Rights and Lock-Up Agreement • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • New York
This Registration Rights and Lock-Up Agreement (this “Agreement”) is made and entered into as of May 6, 2021 by and among Lightning eMotors, Inc., a Delaware corporation f/k/a GigCapital3, Inc. (the “Company”) and the parties listed on Schedule A hereto (each, a “Holder” and collectively, the “Holders”). Any capitalized term used but not defined herein will have the meaning ascribed to such term in the Business Combination Agreement (as defined below).
GIGCAPITAL3, INC. and CONTINENTAL STOCK TRANSFER & TRUST COMPANY AMENDED AND RESTATED WARRANT AGREEMENTWarrant Agreement • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • New York
THIS AMENDED AND RESTATED WARRANT AGREEMENT (this “Agreement”), dated as of May 6, 2021, is by and between GigCapital3, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the “Warrant Agent”, also referred to herein as the “Transfer Agent”).
OFFICE LEASEOffice Lease • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies
Tenant shall be responsible for delivering the Monthly Rental Installments to the payment address set forth in Section 1.01(1) above in accordance with this Section 3.01. Upon Mutual consent, Landlord agrees to accept electronic payments (via ACH) of Monthly Rental Installments by Tenant. Bank and routing information for electronic payment is:
AMENDED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 12th, 2021 • Lightning eMotors, Inc. • Motor vehicles & passenger car bodies • Colorado
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) dated as of February 24, 2021, is between LIGHTNING SYSTEMS. INC., dba Lightning eMotors (the “Company”) and Teresa Covington (the “Executive” and together with the Company, the “Parties”).
