THIS WARRANT WILL BE VOID IF NOT EXERCISED PRIOR TO THE EXPIRATION DATE (DEFINED BELOW) DRAGONFLY ENERGY HOLDINGS CORP. WARRANTWarrant Agreement • October 7th, 2024 • Dragonfly Energy Holdings Corp. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS WARRANT CERTIFIES THAT, for value received _____________, is the registered holder (the “Holder”) of a warrant or warrants (the “Warrant(s)”) and is entitled to purchase up to fully paid and non- assessable shares of common stock, par value $0.0001 per share (“Shares”), of Dragonfly Energy Holdings Corp., a Nevada corporation (the “Company”) at a purchase price per Share (the “Warrant Price”) of $0.01 per share (as adjusted from time to time in accordance with this Warrant). This Warrant is issued in connection with that certain (i) Term Loan, Guarantee and Security Agreement among Alter Domus (US) LLC, Dragonfly Energy Corp., EICF Agent LLC and the other credit parties signatory thereto (the “Loan Agreement”) and (ii) Limited Waiver and First Amendment to Term Loan, Guarantee and Security Agreement among Alter Domus (US) LLC, Dragonfly Energy Corp. and the other partiesπ signatory thereto (the “Limited Waiver”). The Warrant represented by this certificate is referred to herein as
LIMITED WAIVER AND THIRD AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENTTerm Loan, Guarantee and Security Agreement • October 7th, 2024 • Dragonfly Energy Holdings Corp. • Miscellaneous electrical machinery, equipment & supplies
This LIMITED WAIVER AND THIRD AMENDMENT TO TERM LOAN, GUARANTEE AND SECURITY AGREEMENT (this “Amendment”) is made as of September 30, 2024, by and among DRAGONFLY ENERGY CORP. (“Borrower”), DRAGONFLY ENERGY HOLDINGS CORP. (F/K/A CHARDAN NEXTECH ACQUISITION 2 CORP) (“Holdings”), BATTLE BORN BATTERY PRODUCTS, LLC (“Battle Born”, and together with Holdings, each a “Guarantor” and collectively, the “Guarantors”), the Lenders signatory hereto (the “Required Lenders”), and ALTER DOMUS (US) LLC, as agent on behalf of the Lenders under the Loan Agreement (as hereinafter defined) (in such capacity, the “Agent”).
