FIRST SUPPLEMENT AND AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • November 5th, 2024 • Hyperscale Data, Inc. • Electronic components, nec
This First Supplement to Purchase Agreement (“Supplement”) is made and entered into effective as of November 1, 2024, by and among Orion Equity Partners, LLC a Delaware limited liability company (the “Investor”), and Hyperscale Data, Inc., f/k/a Ault Alliance, Inc., a Delaware corporation (the “Company”) and Ascendiant Capital Markets, LLC (“Ascendiant”). Capitalized terms not otherwise defined in this Supplement shall have the meanings set forth in the Agreement, as such term is defined below.
ContractNovation Agreement • November 5th, 2024 • Hyperscale Data, Inc. • Electronic components, nec • Delaware
EXECUTION VERSION NOVATION AGREEMENT This Novation Agreement (the "Novation Agreement") is effective as of February 24, 2023 (the "Effective Date"), and is entered into by TypeX, LLC, a Delaware limited liability company with its principal place of business at 1901 Jay Street, Lakewood, CO 80214 (the "Transferor"), BNI Montana LLC, a Delaware limited liability company with its principal place of business at 11411 Southern Highlands Parkway, Suite 240, Las Vegas, Nevada 89141 (the "Party in Substitution"), and Lower Yellowstone Rural Electric Cooperative, a Montana corporation with a mailing address PO Box 1047, 3200 West Holly Street, Sidney, MT 59270 ("LYREC"). Transferor, the Party in Substitution, and LYREC are collectively the "Parties." Background (A) Transferor has entered into certain Agreements (as hereinafter defined) with LYREC, pursuant to which Transferor has certain ground rights and the right to electrical service on such premises; (B) Transferor and the Party in Substitu
