CONSENT, WAIVER AND MUTUAL RELEASE AGREEMENTConsent, Waiver and Mutual Release Agreement • October 3rd, 2024 • Soluna Holdings, Inc • Finance services • New York
Contract Type FiledOctober 3rd, 2024 Company Industry JurisdictionTHIS CONSENT, WAIVER AND MUTUAL RELEASE AGREEMENT dated as of October 1, 2024 (the “Effective Date”) is by and among Soluna Holdings, Inc. (f/k/a Mechanical Technology, Incorporated), a Nevada corporation (the “Company”), each purchaser under the SPA (as defined below) that is a signatory hereto (collectively, including their respective successors and permitted assigns, the “Purchasers”) and Collateral Services LLC, in its capacity as collateral agent for the Purchasers (in such capacity, including its successors and permitted assigns, the “Collateral Agent” and, together with the Company and the Purchasers, collectively, the “Parties”) (the “Agreement”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the SPA (as defined below).