FORM OF CLASS D COMMON STOCK PURCHASE WARRANTSoluna Holdings, Inc • March 31st, 2022 • Services-computer processing & data preparation • Nevada
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, [___________] or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on February [ ],2024 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Soluna Holdings, Inc., formerly known as Mechanical Technology, Incorporated, a Nevada corporation (the “Company”), up to [__________] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SOLUNA HOLDINGS, INC. Option AgreementOption Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Nevada
This Option Agreement (this “Agreement”) for the award of an Option, pursuant to the Soluna Holdings, Inc. 2021 Amended and Restated Stock Incentive Plan, as amended and in effect from time to time (the “Plan”), is made as of date set forth below (the “Grant Date”), by and between Soluna Holdings, Inc. (the “Company”) and the individual identified below the optionee (the “Optionee”). Initially capitalized terms not otherwise defined in this Agreement shall have the meanings given to those terms in the Plan. The Terms and Conditions attached hereto are also a part hereof.
SOLUNA HOLDINGS, INC. Amended and Restated 2021 Stock Incentive Plan Restricted Stock Unit AgreementRestricted Stock Unit Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Nevada
Soluna Holdings, Inc. (the “Company”) hereby enters into this Restricted Stock Unit Agreement, dated as of the date set forth below, with the Recipient named herein (the “Agreement”) and grants to the Recipient the Restricted Stock Units (“RSUs”) specified herein pursuant to the Soluna Holdings, Inc. Amended and Restated 2021 Stock Incentive Plan, as amended and in effect from time to time. The Terms and Conditions attached hereto are also a part hereof.
AMENDED AND RESTATED CONTINGENT RIGHTS AGREEMENTContingent Rights Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Delaware
This AMENDED AND RESTATED CONTINGENT RIGHTS AGREEMENT (this “Agreement”), dated October 29, 2021 (the “Effective Date”), is entered into by and between Harmattan Energy Ltd., a British Columbia corporation, formerly known as Soluna Technologies, Ltd. (“HEL”), and Mechanical Technology, Incorporated, a New York corporation (the “MKTY”). HEL and MKTY are sometimes referred to herein, individually, as a “party” and, collectively, as the “parties”.
COMMERCIAL SECURITY AGREEMENTSecurity Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Nevada
THIS COMMERCIAL SECURITY AGREEMENT dated September 15, 2021, is made and executed between Mechanical Technology, Incorporated (“Grantor”) and KeyBank National Association (“Lender”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • New York
This EMPLOYMENT AGREEMENT (this “Agreement”) between EcoChain, Inc., a Delaware corporation (the “Company”), and John Belizaire (“Executive”) is contingent upon, and effective as of the date of, the consummation of that proposed transaction (the “Transaction”, and the date of consummation of the Transaction, the “Effective Date”) by and among Mechanical Technology, Incorporated, a Nevada corporation (“MTI”), SCI Merger Sub, Inc., a Delaware corporation and wholly owned subsidiary of the Company, and Soluna Computing, Inc. (“SCI”), a Delaware corporation, pursuant to an Agreement and Plan of Merger dated as of August 11, 2021 (as amended from time to time, the “Merger Agreement”).
AMENDMENT NO. 5 TO LEASE AGREEMENT BETWEEN MTI INSTRUMENTS INC. AND CETF PROPERTIES, LLCLease Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation
This Amendment to Lease is made and entered into this 30th day of June 2021 by and between MTI Instruments Inc. (“Tenant”), and CETF Properties, LLC (“Landlord”).
SOLUNA HOLDINGS, INC. Amended and Restated 2021 Stock Incentive Plan Restricted Stock AgreementRestricted Stock Agreement • March 31st, 2022 • Soluna Holdings, Inc • Services-computer processing & data preparation • Nevada
Soluna Holdings, Inc. (the “Company”) hereby enters into this Restricted Stock Agreement, dated as of the date set forth below, with the Recipient named herein (the “Agreement”) and grants to the Recipient the shares of Restricted Stock specified herein pursuant to the Soluna Holdings, Inc. Amended and Restated 2021 Stock Incentive Plan, as amended and in effect from time to time. The Terms and Conditions attached hereto are also a part hereof.
