COMMON STOCK PURCHASE WARRANT Ecoark Holdings, Inc.Common Stock Purchase Warrant • December 30th, 2020 • Ecoark Holdings, Inc. • Crude petroleum & natural gas
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on January 2, 2023 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ecoark Holdings, Inc., a Nevada corporation (the “Company”), up to 888,889 shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 30th, 2020 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 29, 2020, between Ecoark Holdings, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT Ecoark Holdings, Inc.Placement Agent Common Stock Purchase Warrant • December 30th, 2020 • Ecoark Holdings, Inc. • Crude petroleum & natural gas
THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on ______________, 202_ (the “Termination Date”) but not thereafter, to subscribe for and purchase from Ecoark Holdings, Inc., a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain engagement letter, dated December 23, 2020, by and between the Company and H.C. Wainwright & Co., LLC.
STRICTLY CONFIDENTIAL Ecoark Holdings, Inc.Exclusive Agency Agreement • December 30th, 2020 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York
