0001193125-23-207539 Sample Contracts

Enovix Corporation Shares of Common Stock (par value $0.0001 per share) Controlled Equity OfferingSM Sales Agreement
Sales Agreement • August 9th, 2023 • Enovix Corp • Miscellaneous electrical machinery, equipment & supplies • New York

Enovix Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. and Oppenheimer & Co. Inc. (collectively, the “Agents,” and individually, an “Agent”), as follows:

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ENOVIX CORPORATION AND _____________, AS WARRANT AGENT FORM OF PREFERRED STOCK WARRANT AGREEMENT DATED AS OF __________
Preferred Stock Warrant Agreement • August 9th, 2023 • Enovix Corp • Miscellaneous electrical machinery, equipment & supplies • New York

THIS PREFERRED STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [•], between ENOVIX CORPORATION, a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).

ENOVIX CORPORATION AND _____________, AS WARRANT AGENT FORM OF DEBT SECURITIES WARRANT AGREEMENT DATED AS OF __________
Warrant Agreement • August 9th, 2023 • Enovix Corp • Miscellaneous electrical machinery, equipment & supplies • New York

THIS DEBT SECURITIES WARRANT AGREEMENT (this “Agreement”), dated as of [•], between ENOVIX CORPORATION, a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).

ENOVIX CORPORATION AND _____________, AS WARRANT AGENT FORM OF COMMON STOCK WARRANT AGREEMENT DATED AS OF __________
Warrant Agreement • August 9th, 2023 • Enovix Corp • Miscellaneous electrical machinery, equipment & supplies • New York

THIS COMMON STOCK WARRANT AGREEMENT (this “Agreement”), dated as of [•], between ENOVIX CORPORATION, a Delaware corporation (the “Company”), and [•], a [corporation] [national banking association] organized and existing under the laws of [•] and having a corporate trust office in [•], as warrant agent (the “Warrant Agent”).

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