0001213900-21-040577 Sample Contracts

COMMON STOCK PURCHASE WARRANT Ecoark Holdings, Inc.
Ecoark Holdings, Inc. • August 5th, 2021 • 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 Authorized Share Increase Date (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on the date that is the three and one-half (3.5) year anniversary of the Initial Exercise Date (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).

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SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • August 5th, 2021 • Ecoark Holdings, Inc. • Crude petroleum & natural gas • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of August 4, 2021, 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”).

STRICTLY CONFIDENTIAL Ecoark Holdings, Inc.
Ecoark Holdings, Inc. • August 5th, 2021 • Crude petroleum & natural gas
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