AKOUSTIS TECHNOLOGIES, INC. and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee SECOND SUPPLEMENTAL INDENTURE dated as of April 17, 2020 to INDENTURE dated as of October 23, 2018Indenture • April 21st, 2020 • Akoustis Technologies, Inc. • Telephone & telegraph apparatus • New York
THIS SECOND SUPPLEMENTAL INDENTURE dated as of April 17, 2020 (this “Supplemental Indenture”), is between AKOUSTIS TECHNOLOGIES, INC., a Delaware corporation (hereinafter called the “Company”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as trustee (the “Trustee”) under the Indenture, dated as of October 23, 2018 between the Company and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee (the “Base Indenture”), as amended by that certain First Supplemental Indenture, dated as of October 23, 2018 between the Company and the Trustee (the “First Supplemental Indenture”; the Base Indenture, as supplemented by the First Supplemental Indenture, the “Indenture”). Capitalized terms used in this Supplemental Indenture and not otherwise defined herein shall have the meanings assigned to such terms in the Indenture.
