EMPLOYMENT AGREEMENTEmployment Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Michigan
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is agreed upon and entered into this 10th day of December, 2020, by and between Hailiang Hu (the “Employee”) and Electric Last Mile, Inc., a Delaware corporation, together with its affiliates, successors and assigns (the “Company”) (each individually a “Party” and collectively the “Parties”).
FORUM MERGER III CORPORATION 2020 INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”) is made and entered into as of [•], 20[•] (the “Grant Date”), by and between Forum Merger III Corporation, a Delaware corporation (the “Company”), and the employee of the Company or one of its affiliates whose signature is set forth on the signature page hereof (the “Participant”).
FORUM MERGER III CORPORATION 2020 INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT (Earnout Shares)Restricted Stock Unit Award Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”) is made and entered into as of [•], 20[•], by and between Forum Merger III Corporation, a Delaware corporation (the “Company”), and the employee of the Company or one of its affiliates whose signature is set forth on the signature page hereof (the “Participant”).
LAND CONTRACTLand Contract • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Indiana
This LAND CONTRACT (“Contract”) is executed to be effective as of the 25th day of June, 2021 (“Execution Date”), by and between SF Motors, Inc., a Delaware corporation, DBA SERES (“Vendor”), and Electric Last Mile, Inc., a Delaware corporation (“Purchaser”).
SUPPLY AGREEMENTSupply Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies
This SUPPLY AGREEMENT (this “Agreement”) is made as of the 9th day of April, 2021, by and between Chongqing Sokon Motors(Group) Imp. & Exp. Co., Ltd. , a People’s Republic of China corporation with address at No. 618 Liangjiang Avenue, Longxing, Yubei District, Chongqing, China (“Supplier”), and Electric Last Mile, Inc., a Delaware corporation (“Buyer”) with address at 1055 W Square Lake Rd, Troy, Michigan 48098.
ESCROW AGREEMENTEscrow Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • New York
This ESCROW AGREEMENT (this “Agreement”) is made and entered into as of June 25, 2021, by and among Forum Merger III Corporation, a Delaware corporation, (“Parent”), Jason Luo, in the capacity as the initial Stockholder Representative (acting on behalf of the Stockholders and not in his personal capacity) under the Merger Agreement (as defined below) (“Stockholder Representative” and, together with the “Parent”, sometimes referred to individually as a “Party” and collectively as the “Parties”), solely for Section 2(c) and Article XIII herein, Forum Investors III LLC, a Delaware limited liability company (“Sponsor”), and Continental Stock Transfer & Trust Company, as escrow agent (the “Escrow Agent”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement (as defined herein).
DIRECTOR NOMINATION AGREEMENTDirector Nomination Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Delaware
THIS DIRECTOR NOMINATION AGREEMENT (this “Agreement”) is made and entered into as of June 25, 2021 (the “Effective Time”), by and among Electric Last Mile Solutions, Inc., a Delaware corporation (f/k/a Forum Merger III Corporation) (the “Company”), and Forum Investors III LLC, a Delaware limited liability company (the “Sponsor”). Capitalized terms used but not otherwise defined in this Agreement have the respective meanings given to them in the Merger Agreement (as defined below).
EXCLUSIVE IP LICENSE AGREEMENTExclusive Ip License Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Delaware
This EXCLUSIVE IP LICENSE AGREEMENT (together with all Exhibits hereto, this “Agreement”) is executed as of April 9, 2021 (the “Execution Date”) and entered into by and between SF Motors, Inc., d/b/a SERES (the “Licensor”), a Delaware corporation and Electric Last Mile, Inc. (“Licensee”), a Delaware corporation (collectively, the “Parties,” or each, individually, a “Party”).
AGREEMENT OF PURCHASE AND SALE between SF MOTORS, INC. DBA SERES, a Delaware corporation (“Seller”) and ELECTRIC LAST MILE, INC., a Delaware corporation (“Buyer”)Purchase and Sale Agreement • June 30th, 2021 • Electric Last Mile Solutions, Inc. • Motor vehicles & passenger car bodies • Indiana
This Agreement of Purchase and Sale (this “Agreement”), dated as of the “Execution Date” (being defined as the date that the last party signed this Agreement as shown by the date set forth next to said party’s signature below), is between SF MOTORS, INC. DBA SERES, a Delaware corporation (“Seller”), and ELECTRIC LAST MILE, INC., a Delaware corporation (“Buyer”).
