0001753926-24-002093 Sample Contracts

UNDERWRITING AGREEMENT
Underwriting Agreement • December 17th, 2024 • Electrovaya Inc. • Miscellaneous electrical machinery, equipment & supplies • New York

The undersigned, Electrovaya Inc., a corporation existing under the laws of the Province of Ontario, Canada (the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Roth Capital Partners, LLC (“Roth”), is acting as representative (the “Representative” and, if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

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