0001214659-23-012004 Sample Contracts

FORM OF 8.50% SENIOR NOTE DUE 2026
Ault Alliance, Inc. • September 1st, 2023 • Electronic components, nec

FOR VALUE RECEIVED, the undersigned, Ault Alliance, Inc., a Delaware corporation (the “Maker”), PROMISES TO PAY to the order of ______________ (together with its successors and assigns, the “Payee”) the principal sum of ______________ dollars ($_______), together with interest at the rate specified below. This 8.50% Senior Note due 2026 (the “Note”) is being issued pursuant to the terms of the Investor Agreement of even date herewith by and between the Maker and the Payee.

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FORM OF 10.50% SENIOR NOTE DUE 2028
Ault Alliance, Inc. • September 1st, 2023 • Electronic components, nec

FOR VALUE RECEIVED, the undersigned, Ault Alliance, Inc., a Delaware corporation (the “Maker”), PROMISES TO PAY to the order of ______________ (together with its successors and assigns, the “Payee”) the principal sum of ______________ dollars ($_______), together with interest at the rate specified below. This 10.50% Senior Note due 2028 (the “Note”) is being issued pursuant to the terms of the Investor Agreement of even date herewith by and between the Maker and the Payee.

INVESTOR AGREEMENT
Investor Agreement • September 1st, 2023 • Ault Alliance, Inc. • Electronic components, nec • Delaware

The following terms constitute a binding agreement (“Agreement”) between you, as an Investor (“Investor” or “you”), and Ault Alliance, Inc., a Delaware corporation (“Ault,” “we” or “us”). This Agreement will govern all purchases of 7.00% Senior Notes due 2024, 8.50% Senior Notes due 2026 and 10.50% Senior Notes due 2028 (collectively, the “Notes”) that you may, from time to time, make from Ault. Prior to completing your purchase of Notes, by executing this Agreement, you acknowledge you have reviewed the Terms of Use (“Terms of Use”), the Privacy Policy (“Privacy Policy”), and the Frequently Asked Questions (“FAQs”) on the Ault website at monthlyincome.com and any subdomain thereof (the “Ault Site”). By signing electronically below, you agree that you have read these documents and agree to the following terms, together with the Terms of Use, consent to our Privacy Policy, agree to transact business with us and receive communications relating to the Notes electronically, and agree to ha

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