NEITHER THIS NOTE NOR THE SECURITIES INTO WHICH THIS NOTE IS CONVERTIBLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE. THESE SECURITIES HAVE BEEN SOLD IN RELIANCE UPON AN EXEMPTION FROM...Convertible Note • November 1st, 2024 • Envirotech Vehicles, Inc. • Motor vehicle parts & accessories
THIS NOTE HAS BEEN ISSUED WITH “ORIGINAL ISSUE DISCOUNT” (WITHIN THE MEANING OF SECTION 1272 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED). UPON WRITTEN REQUEST (ADDRESSED TO ENVIROTECH VEHICLES, INC., 1425 OHLENDORF ROAD, OSCEOLA, ARKANSAS 72370, ATTENTION: CHIEF FINANCIAL OFFICER), THE COMPANY WILL PROMPTLY MAKE AVAILABLE TO THE HOLDER OF THIS NOTE THE FOLLOWING INFORMATION: (1) THE ISSUE PRICE AND ISSUE DATE OF THE NOTE; (2) THE AMOUNT OF ORIGINAL ISSUE DISCOUNT ON THE NOTE; AND (3) THE YIELD TO MATURITY OF THE NOTE.
AMENDED AND RESTATED STANDBY EQUITY PURCHASE AGREEMENTStandby Equity Purchase Agreement • November 1st, 2024 • Envirotech Vehicles, Inc. • Motor vehicle parts & accessories • New York
THIS AMENDED AND RESTATED STANDBY EQUITY PURCHASE AGREEMENT (this “Agreement”) dated as of October 31, 2024, is made by and between YA II PN, LTD., a Cayman Islands exempt limited company (the “Investor”), and ENVIROTECH VEHICLES, INC., a company incorporated under the laws of the State of Delaware (the “Company”). The Investor and the Company may be referred to herein individually as a “Party” and collectively as the “Parties.”
