ContractStock Purchase Agreement • September 1st, 2023 • BitNile Metaverse, Inc. • Crude petroleum & natural gas
STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (the "Agreement") entered into this 28th day of August, 2023, by and between Ecoark, Inc., a Delaware corporation (the "Seller") and Zest Labs Holdings, LLC (the "Purchaser"), and, for purposes of certain provisions set forth herein, BitNile Metaverse, Inc. a Nevada corporation formerly known as Ecoark Holdings, Inc ("Ecoark"). The Seller and the Purchaser may sometimes be referred to herein collectively as the "Parties". WHEREAS, the Seller owns 100% of the outstanding shares of capital stock (the "Shares") of Zest Labs, Inc., a Delaware corporation (the "Company"); WHEREAS, Ecoark, the parent company of the Seller, has previously indicated in public filings with the Securities and Exchange Commission that it intends to spin-off the common stock of the Company held by the Seller to Ecoark's security holders of record as of November 15, 2022 (the "Record Date Owners"); WHEREAS, following the announcement of the spin-off of the Comp
