PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • December 27th, 2017 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of December [__], 2017 (this “Agreement”), is made by Surefly, Inc., a Delaware corporation (“SFI”), and each other Subsidiary of SFI hereafter becoming party hereto in accordance with Section 5(m) hereof (together with SFI, each a “Grantor” and, collectively, the “Grantors”), in favor of Empery Tax Efficient, LP, in its capacity as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) for the Buyers (as defined below) party to the Securities Purchase Agreement, dated as of the date hereof (as amended, restated or otherwise modified from time to time, the “Securities Purchase Agreement”).
GUARANTYGuaranty • December 27th, 2017 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York
This GUARANTY, dated as of December [__], 2017 (this “Guaranty”), is made by each of the undersigned (each a “Guarantor”, and collectively, the “Guarantors”), in favor of the “Buyers” (as defined below) party to the Securities Purchase Agreement referenced below.
PLEDGE AGREEMENTPledge Agreement • December 27th, 2017 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York
This PLEDGE AGREEMENT, dated as of December [__], 2017 (this "Agreement"), is made by Workhorse Technologies Inc., an Ohio corporation (the "Pledgor"), in favor of Empery Tax Efficient, LP, in its capacity as collateral agent (in such capacity, including any successor thereto, the "Collateral Agent") for the Buyers (as defined below) party to the Securities Purchase Agreement, dated as of the date hereof (as amended, restated or otherwise modified from time to time, the "Securities Purchase Agreement"; capitalized terms used herein but not specifically defined herein shall have the meanings ascribed to them in the Securities Purchase Agreement).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 27th, 2017 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of December 26, 2017, by and among (i) Workhorse Group Inc., a Nevada corporation, with headquarters located at 100 Commerce Drive, Loveland, Ohio 45140 (the “Company”), (ii) Surefly, Inc., a newly formed indirect Subsidiary (as hereinafter defined) of the Company incorporated in the State of Delaware (“SFI”), solely with respect to Sections 4(o) and 4(p) hereof and (iii) the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
