0001193125-23-088273 Sample Contracts

29,910,715 Shares Nikola Corporation Common Stock, $0.0001 par value per share UNDERWRITING AGREEMENT March 30, 2023
Underwriting Agreement • March 31st, 2023 • Nikola Corp • Motor vehicles & passenger car bodies • New York
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STOCK PURCHASE AGREEMENT by and between NIKOLA CORPORATION and THE PARTIES LISTED HEREIN Dated as of March 29, 2023
Stock Purchase Agreement • March 31st, 2023 • Nikola Corp • Motor vehicles & passenger car bodies • New York

This STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of March 29, 2023 (the “Agreement Date”) by and between Nikola Corporation, a Delaware corporation (together with any successor or assign pursuant to Section 5.07, the “Company”), and the several Investors listed on Schedule 1 hereto (together with their successors and permitted assigns, each an “Investor” and, collectively, the “Investors”). Capitalized terms not otherwise defined where used shall have the meanings ascribed thereto in Article 1.

EXCHANGE AND INVESTMENT AGREEMENT by and among NIKOLA CORPORATION, NIKOLA SUBSIDIARY CORPORATION and THE PARTIES LISTED HEREIN Dated as of March 29, 2023
Exchange and Investment Agreement • March 31st, 2023 • Nikola Corp • Motor vehicles & passenger car bodies • New York

INDENTURE, dated as of [●], 2023 among NIKOLA CORPORATION, a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01), the Guarantors party hereto from time to time and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States, as trustee (the “Trustee”, as more fully set forth in Section 1.01).

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