SECURITY AND PLEDGE AGREEMENTSecurity and Pledge Agreement • May 13th, 2024 • Fisker Inc./De • Motor vehicles & passenger car bodies • New York
WHEREAS, the Company is party to that certain Securities Purchase Agreement, dated as of May 10, 2024 (as amended, modified, supplemented, extended, renewed, restated or replaced from time to time in accordance with the terms thereof, the “Securities Purchase Agreement”), by and among the Company and each party listed as an “ Investor” on the Schedule of Investors attached thereto (each an “Investor” and collectively, the “Investors”), pursuant to which the Company has sold, and may in the future be required to sell, to the Investors, and the Investors have purchased, and may in the future be required or have the right to purchase, the “Notes” issued pursuant thereto (as such Notes may be amended, modified, supplemented, extended, renewed, restated or replaced from time to time in accordance with the terms and conditions thereof, collectively, the “Notes”);
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 13th, 2024 • Fisker Inc./De • Motor vehicles & passenger car bodies • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of May 10, 2024, is by and among Fisker Inc., a Delaware corporation with offices located at 1888 Rosecrans Avenue, Manhattan Beach, California 90266 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
GUARANTYGuaranty • May 13th, 2024 • Fisker Inc./De • Motor vehicles & passenger car bodies • New York
This GUARANTY, dated as of May 10, 2024 (this “Guaranty”), is made by each of the undersigned (each a “Guarantor”, and collectively, the “Guarantors”), in favor of CVI Investments, Inc., in its capacity as collateral agent (in such capacity, the “Collateral Agent”) for the Noteholders (as defined below).
