AMENDMENT TO THE SECURITIES PURCHASE AGREEMENT DATED NOVEMBER 6, 2023 and THE CERTIFICATE OF DESIGNATION OF PREFERENCES, RIGHTS AND LIMITATIONS of THE SERIES C CONVERTIBLE PREFERRED STOCKThe Securities Purchase Agreement • March 26th, 2024 • Ault Alliance, Inc. • Electronic components, nec
This amendment (the “Amendment”) to (i) the Securities Purchase Agreement dated November 6, 2023 (the “Agreement”), entered into by and between Ault Alliance, Inc., a Delaware corporation (the “Company”), and Ault & Company, Inc., a Delaware corporation (the “Purchaser”), (ii) the Certificate of Designation of Preferences, Rights and Limitations of the Series C Convertible Preferred Stock filed with the Secretary of State of Delaware on November 15, 2023 (the “COD”) and (iii) the number of warrants (the “Series C Warrants”), is dated March 25, 2024. All capitalized terms in this Amendment and not defined herein shall have the meanings ascribed to such terms in the Agreement, the COD and/or the Series C Warrants, as applicable.
