COMMON STOCK PURCHASE WARRANT POLAR POWER, INC.Polar Power, Inc. • July 8th, 2020 • Miscellaneous electrical machinery, equipment & supplies
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 July 7, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Polar Power, Inc., a Delaware 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).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 8th, 2020 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 2, 2020, between Polar Power, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 8th, 2020 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Registration Rights Agreement (this “Agreement”) is made and entered into as of July 2, 2020, between Polar Power, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
UNDERWRITING AGREEMENT betweenUnderwriting Agreement • February 8th, 2021 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
As Representative of the several Underwriters named on Schedule 1 attached hereto 17 State Street, 22nd Floor New York, New York 10004
FORM OF WARRANT TO PURCHASE COMMON STOCK POLAR POWER, INC.Polar Power, Inc. • March 10th, 2017 • Miscellaneous electrical machinery, equipment & supplies
THIS WARRANT TO PURCHASE COMMON STOCK (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 December 6, 2017 (the “Initial Exercise Date”) and, in accordance with FINRA Rule 5110(f)(2)(G)(i), prior to at 5:00 p.m. (New York time) on the date that is five (5) years following the Effective Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Polar Power, Inc., a Delaware corporation (the “Company”), up to _____ shares of common stock, par value $0.0001 per share (the “Common Stock”), of the Company (the “Warrant Shares”), as subject to adjustment hereunder. 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).
UNDERWRITING AGREEMENT between POLAR POWER, INC. and JOSEPH GUNNAR & CO., LLC and ROTH CAPITAL PARTNERS, LLC as Representatives of the Several Underwriters POLAR POWER, INC.Underwriting Agreement • November 18th, 2016 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
The undersigned, Polar Power, Inc., a corporation formed under the laws of the State of Delaware (the “Company”), hereby confirms its agreement (this “Agreement”) with Joseph Gunnar & Co., LLC and Roth Capital Partners, LLC (hereinafter collectively referred to as “you” (including their correlatives) or the “Representatives”) and with the other underwriters named on Schedule 1 hereto for which the Representatives are acting as representatives (the Representatives and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
UNDERWRITING AGREEMENT between POLAR POWER, INC. and THINKEQUITY LLC as Representative of the Several Underwriters POLAR POWER, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • December 5th, 2023 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
The undersigned, Polar Power, Inc., a corporation formed under the laws of the State of Delaware (collectively with its affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being affiliates of the “Company”), hereby confirms its agreement (this “Agreement”) with ThinkEquity LLC (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 9th, 2016 • Polar Power, Inc. • Illinois
This LOAN AND SECURITY AGREEMENT dated as of August 14, 2015 (the “Agreement”), is executed by and between POLAR POWER, INC., a California corporation (the “Borrower”), whose address is 249 East Gardena Boulevard, Gardena, California 90248 and GIBRALTAR BUSINESS CAPITAL, LLC, a Delaware limited liability company (the “Lender”), whose address is 400 Skokie Boulevard, Suite 375, Northbrook, Illinois 60062.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • September 9th, 2016 • Polar Power, Inc. • California
THIS EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”), dated effective as of July 8, 2016, is made by and between Rajesh Masina (“Executive”) and Polar Power, Inc., a California corporation (the “Company”) (collectively, the “Parties”).
POLAR POWER, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • November 18th, 2016 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) dated as of [●], 2016, is made by and between Polar Power, Inc., a Delaware corporation (the “Company”), and [●] (“Indemnitee”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 9th, 2020 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • California
This LOAN AND SECURITY AGREEMENT is entered into as of August 31, 2020 between PINNACLE BANK, a California corporation (Lender), with an office located at 18181 Butterfield Blvd, Ste. 135, Morgan Hill, CA 95037 and POLAR POWER, INC., a Delaware corporation (Borrower), with its chief executive office located at 249 E. Gardena Blvd., Gardena, CA 90248.
FRIST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE-GROSSPolar Power, Inc. • March 31st, 2023 • Miscellaneous electrical machinery, equipment & supplies
THIS FIRST AMENDMENT TO AIR COMMERCIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL LAND LEASE- -GROSS (this “Amendment”) is entered into as of the February 5, 2019, by and between TWO BROS L.P., (‘Lessor”) and POLAR POWER INC., (“Lessee”), with reference to the following facts:
AGREEMENT AND PLAN OF MERGER OF POLAR POWER, INC, A DELAWARE CORPORATION AND POLAR POWER, INC.,Agreement and Plan of Merger • November 18th, 2016 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement and Plan of Merger”), dated as of [●], 2016, by and between Polar Power, Inc., a Delaware corporation (“Polar Power Delaware”), and Polar Power, Inc., a California corporation (“Polar Power California”), pursuant to Section 253 of the Delaware General Corporation Law (the “DGCL”) and Section 1108 of the California General Corporation Law (the “CGCL”).
FIFTH MODIFICATION TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 11th, 2023 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Fifth Modification to Loan and Security Agreement (this Modification) is entered into by and between POLAR POWER INC., a Delaware corporation (Borrower), and PINNACLE BANK, a California corporation (Lender), as of this 5th day of September, 2023 at San Jose, California.
ContractPolar Power, Inc. • May 15th, 2023 • Miscellaneous electrical machinery, equipment & supplies
3rd AMENDMENT TO LEASE Previous two amendments are Exhibit D and Exhibit E dated November 7, 2018 _____________________ THIS AMENDMENT TO LEASE is made and entered into as of May 3, 2023, by and between 354 W. Gardena, LLC, a California Limited Liability Company (“Lessor”) and Polar Power, Inc., a Delaware Corporation (“Lessee”).
Lease AmendmentPolar Power, Inc. • May 15th, 2023 • Miscellaneous electrical machinery, equipment & supplies
This is an amendment to the Standard Industrial/Commercial lease agreement for property at 354 W. Gardena Blvd, Carson, CA. 90248 between 354 W. Gardena, LLC, Lessor, and Polar Power, Inc., Lessee.
Lease AmendmentLease Amendment • May 15th, 2023 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
This amendment is retroactively made effective to date of original lease signing, May 9, 2018. The purpose of this amendment is to correct a few line items that are considered by both parties as minor typing errors.
SUPPLIER AGREEMENT made on May 20, 2019 [*DATE*]Supplier Agreement • June 6th, 2019 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
WHEREAS, from time to time the Supplier enters into commercial trade transactions with Buyers for the sale of goods and/or services resulting in Receivables owed by each relevant Buyer to the Supplier. To facilitate the processing of such Receivables, Citibank, the Supplier and each relevant Buyer intend to utilize one or more computerized/online settlement systems provided by Citibank or its affiliates or licensors.
FIRST MODIFICATION TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 9th, 2020 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
This First Modification to Loan and Security Agreement (this M odification) is entered into by and between POLAR POWER, INC., a Delaware corporation ( Borrower), and PINNACLE BANK, a California corporation (Lender), as of this 7th day of October, 2020 at San Jose, California.
SECOND AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE-GROSSPolar Power, Inc. • March 31st, 2023 • Miscellaneous electrical machinery, equipment & supplies
THIS SECOND AMENDMENT TO AIR COMMERCIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL LAND LEASE- -GROSS (this “Second Amendment”) is entered into as of the 31st day of January 2023, by and between TWO BROS L.P., (‘Lessor”) and POLAR POWER INC., (“Lessee”), with reference to the following facts:
FOURTH MODIFICATION TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 26th, 2023 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Fourth Modification to Loan and Security Agreement (this Modification) is entered into by and between POLAR POWER INC., a Delaware corporation (Borrower), and PINNACLE BANK, a California corporation (Lender), as of this 25th day of May, 2023 at San Jose, California.
THIRD MODIFICATION TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 26th, 2023 • Polar Power, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Third Modification to Loan and Security Agreement (this Modification) is entered into by and between POLAR POWER INC., a Delaware corporation (Borrower), and PINNACLE BANK, a California corporation (Lender), as of this 13th day of April, 2023 at San Jose, California.
