DISTRIBUTION AGREEMENTDistribution Agreement • May 24th, 2022 • Fisker Inc./De • Motor vehicles & passenger car bodies • New York
Fisker Inc., a Delaware corporation (the “Company”), confirms its agreement with J.P. Morgan Securities LLC and Cowen and Company, LLC, as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (each, an “Agent” and collectively, the “Agents”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below in this Distribution Agreement (this “Agreement”), of Class A Common Stock, $0.00001 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $350,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. Such shares are hereinafter collectively referred to as the “Shares” and are described in the Prospectus referred to below.
