0001819493-23-000164 Sample Contracts

June 22, 2023 Ladies and Gentlemen:
Standby Equity Purchase Agreement • June 23rd, 2023 • Xos, Inc. • Motor vehicle parts & accessories

Reference is made to that certain Securities Purchase Agreement, dated as of August 9, 2022 (the “Purchase Agreement”), between Xos, Inc., a Delaware corporation (the “Company”), and YA II PN, Ltd., a Cayman Islands exempt limited partnership (the “Investor”).

Sample 1
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FIRST AMENDMENT TO STANDBY EQUITY PURCHASE AGREEMENT
Standby Equity Purchase Agreement • June 23rd, 2023 • Xos, Inc. • Motor vehicle parts & accessories • New York

This FIRST AMENDMENT TO THE STANDBY EQUITY PURCHASE AGREEMENT, dated as of June 22, 2023 (this “First Amendment”), is entered between XOS, INC., a Delaware company (“Company”), and YA II PN, LTD., a Cayman Islands exempt limited partnership (the “Investor”).

Sample 1
FIRST AMENDMENT TO THE CONVERTIBLE DEBENTURES
Convertible Debentures • June 23rd, 2023 • Xos, Inc. • Motor vehicle parts & accessories • New York

This FIRST AMENDMENT TO THE CONVERTIBLE DEBENTURES, dated as of June 22, 2023 (this “First Amendment”), is entered between XOS, INC. a Delaware company (“Company”) and YA II PN, LTD. (the “Holder”).

Sample 1
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