SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 17th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 2, 2018, by and between CleanSpark, Inc., a Nevada corporation, with headquarters located at 70 North Main Street, Suite 105, Bountiful, UT 84010 (the “Company”), and Auctus Fund, LLC, a Delaware limited liability company, with its address at 545 Boylston Street, 2nd Floor, Boston, MA 02116 (the “Buyer”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 21st, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 20, 2020, between Cleanspark, Inc., a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
9,090,910 SHARES OF COMMON STOCK CLEANSPARK, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • March 18th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design • New York
The undersigned, CleanSpark, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of CleanSpark, Inc., 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 H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (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.
AT THE MARKET OFFERING AGREEMENT January 5, 2024Market Offering Agreement • January 5th, 2024 • Cleanspark, Inc. • Finance services • New York
CleanSpark, Inc., a corporation organized under the laws of Nevada (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 11th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of August 21, 2018, is entered into by and between CLEANSPARK, INC., a Nevada corporation (the “Company”), and EMA Financial, LLC, a Delaware limited liability company (the “Purchaser”).
CleanSpark, Inc. and Trustee INDENTURE Dated as of _________, ___ Providing for Issuance of Senior Debt Securities in Series INDENTURECleanspark, Inc. • November 15th, 2018 • Cogeneration services & small power producers • New York
THIS INDENTURE between CleanSpark, Inc., a Nevada corporation (hereinafter called the “Company”) having its principal office at 70 North Main Street, Ste. 105 Bountiful, Utah 84010, and, as trustee (hereinafter called the “Trustee”), is made and entered into as of ____________, ___.
UNDERWRITING AGREEMENTCleanspark, Inc. • October 9th, 2020 • Services-computer integrated systems design • New York
The undersigned, CleanSpark, Inc., a company incorporated under the laws of Nevada (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of CleanSpark, Inc., 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 H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (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.
CleanSpark, Inc. and Trustee INDENTURE Dated as of _________, ______ Providing for Issuance of Subordinated Debt Securities in Series INDENTUREIndenture • September 23rd, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers • New York
THIS INDENTURE between CleanSpark, Inc., a Nevada corporation (hereinafter called the “Company”), having its principal office at 70 North Main Street, Ste. 105 Bountiful, Utah 84010, and _____________________, as trustee (hereinafter called the “Trustee”), is made and entered into as of _________, _______.
AT THE MARKET OFFERING AGREEMENT June 3, 2021The Market Offering Agreement • June 3rd, 2021 • Cleanspark, Inc. • Services-computer integrated systems design • New York
CleanSpark, Inc., a corporation organized under the laws of Nevada (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:
CleanSpark, Inc. and Trustee INDENTURE Dated as of _________, ______ Providing for Issuance of Subordinated Debt Securities in Series INDENTUREIndenture • November 15th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • New York
THIS INDENTURE between CleanSpark, Inc., a Nevada corporation (hereinafter called the “Company”), having its principal office at 70 North Main Street, Ste. 105 Bountiful, Utah 84010, and _____________________, as trustee (hereinafter called the “Trustee”), is made and entered into as of _________, _______.
WARRANT NO. OW-l STRATEAN INC. ___________ Shares WARRANT TO PURCHASE COMMON STOCK VOID AFTER 5:30 P.M., EASTERN TIME, ON THE EXPIRATION DATEStratean Inc. • March 17th, 2015 • Blank checks
THIS WARRANT AND ANY SHARES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), AND MAY NOT BE SOLD, PLEDGED, HYPOTHECATED, DONATED OR OTHERWISE TRANSFERRED WITHOUT COMPLIANCE WITH THE REGISTRATION OR QUALIFICATION PROVISIONS OF APPLICABLE FEDERAL AND STATE SECURITIES LAWS OR APPLICABLE EXEMPTIONS THEREFROM.
SALES AND PURCHASE AGREEMENT BETWEENNon-Fixed Price • May 6th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design
This non-fixed price sales and purchase agreement (this “Agreement”) is made on April 12, 2021 by and between Bitmain Technologies Limited (“Bitmain”) (Company number: 2024301), with its registered office at Unit A1 of Unit A, 11th Floor, Success Commercial Building, 245-251 Hennessy Road, Hong Kong, and CleanSpark Inc. (the “Purchaser”) (Company ID: 87-0449945), with its principal place of business at 1185 South 1800 West, Suite 3 Woods Cross Utah 84087.
DATED Oct 6th, 2023 FUTURE SALES AND PURCHASE AGREEMENT (Antminer S21-Phase I) BETWEEN BITMAIN TECHNOLOGIES DELAWARE LIMITED ("BITMAIN") andSales and Purchase Agreement • October 11th, 2023 • Cleanspark, Inc. • Finance services
AGREEMENT AND PLAN OF MERGER by and among PIONEER CRITICAL POWER, INC., the Company; CLEANSPARK, INC., the Parent And CLEANSPARK ACQUISITION, INC. Merger Sub Dated as of January 22, 2019Agreement and Plan of Merger • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 22, 2019 (this “Agreement“), is by and among Pioneer Critical Power, Inc., a Delaware corporation (“Company“), CleanSpark, Inc., a Nevada corporation (“Parent“) and CleanSpark Acquisition, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub“). Certain terms used in this Agreement are used as defined in Article 9.
EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2022 • Cleanspark, Inc. • Services-computer integrated systems design • Nevada
This Employment Agreement (this “Agreement”), dated as of December 15, 2021 (the “Effective Date”), is entered into by and between CleanSpark, Inc., a Nevada corporation (the “Company”), and Gary Vecchiarelli (the “Employee”). This Agreement supersedes and replaces any previous agreements, express or implied, between the parties concerning employment terms.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 31st, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Virgin Islands
This Securities Purchase Agreement (“Agreement”) is made and entered into on December 31, 2018 (“Effective Date”), by and between CleanSpark, Inc., a Nevada corporation (“Company”), and the investor whose name appears on the signature page hereto (“Investor”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • September 9th, 2022 • Cleanspark, Inc. • Services-computer integrated systems design • New York
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into by and among CSRE PROPERTIES SANDERSVILLE, LLC, a Georgia limited liability company, having a mailing address at 2380 Godby Road, College Park, Georgia 30349 (“Purchaser”), LUNA SQUARES, LLC (f/k/a Innovative Property Management, LLC), a Delaware limited liability company, having a mailing address of Level 5, 97 Pacific Highway, North Sydney, NSW 2060 Australia (“Luna”), MAWSON INFRASTRUCTURE GROUP, INC., a Delaware corporation having a mailing address of Level 5, 97 Pacific Highway, North Sydney, NSW 2060 Australia (“MIG”) and Luna and MIG are collectively referred to as (“Seller”)), and CLEANSPARK, INC., a Nevada corporation having its principal executive office at 2370 Corporate Circle, Suite 160, Henderson, Nevada 89074 (“Parent”). The effective date of this Agreement (the “Effective Date”) shall be the day on which this Agreement is fully executed by Purchaser and Seller.
INDEMNITY AGREEMENTIndemnity Agreement • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
THIS INDEMNITY AGREEMENT (this “Agreement”) is executed on the 22nd day of January 2019, by PIONEER CRITICAL POWER INC., a Delaware corporation (“Pioneer Critical”), and PIONEER POWER SOLUTIONS, INC., a Delaware corporation, (“Indemnitor”), to and in favor of CLEANSPARK, INC., a Nevada corporation (“Indemnitee’).
NON-COMPETITION AND NON-SOLICITATION AGREEMENTNon-Competition and Non-Solicitation Agreement • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This Non-Competition and Non-Solicitation Agreement (this "Agreement") is entered into as of January 22, 2019 (the "Effective Date"), by and between CleanSpark, Inc., a Nevada corporation ("Buyer"), and Pioneer Power Solutions Inc., a Delaware corporation ("Shareholder").
ASSET PURCHASE AGREEMENT by and between CLEANSPARK, INC. and pioneer CUSTOM ELECTRIC PRODUCTS CORP. May 2, 2018Asset Purchase Agreement • May 8th, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers • Delaware
This ASSET PURCHASE AGREEMENT (this “Agreement”) dated as of May 2, 2018, is by and between CLEANSPARK, INC., a Nevada corporation (“Purchaser”), and PIONEER CUSTOM ELECTRIC PRODUCTS CORP., a Delaware corporation (“Seller”). Purchaser and Seller are referred to collectively herein as the “Parties”.
CONTRACT MANUFACTURING AGREEMENTContract Manufacturing Agreement • January 24th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers • California
This CONTRACT MANUFACTURING AGREEMENT (the “Agreement”) is made as of January 22, 2019, by and between Cleanspark, Inc., a Nevada corporation (“Cleanspark”) and Pioneer Power Solutions, Inc., a Delaware corporation (“Pioneer”).
DEBT SETTLEMENT AGREEMENTDebt Settlement Agreement • February 14th, 2017 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This Debt Settlement Agreement (“Agreement”) is entered into on this __th day of February, 2017 (the “Effective Date”), by and between Webcor Construction LP, dba Webcor Builders, a California limited partnership, (“Webcor”) and CleanSpark, Inc., a Nevada corporation, and CleanSpark, LLC, a California limited liability company (together “CleanSpark”) (individually, a “Party”, and all collectively, the “Parties”).
ASSET AND INTELLECTUAL PROPERTY PURCHASE AGREEMENTAsset and Intellectual Property Purchase Agreement • April 10th, 2014 • Smartdata Corp • Blank checks
This Asset and Intellectual Property Purchase Agreement, hereinafter referred to as the "Agreement", is made and executed on the following terms and conditions among:
THIRD AMENDMENT TO TRANSACTION DOCUMENTSTransaction Documents • May 6th, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers
This Third Amendment to Transaction Documents (“Amendment”) is made and entered into on May 1, 2020 (“Amendment Date”), by and between CleanSpark, Inc., a Nevada corporation, (“Company”), and the investor whose name appears below (“Investor”).
HARDWARE PURCHASE & SALES AGREEMENTSales Agreement • May 6th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design
_________________ (hereinafter referred to as “_________”) a _____________ with its principal office located at _________________ And _____________________ (hereinafter referred to as “customer”) with its principal office located at _____________.
Amendment No. 2 to Asset Purchase AgreementAsset Purchase Agreement • August 22nd, 2016 • Stratean Inc. • Blank checks
The Amendment No. 2 (this “Amendment”) to that certain Asset Purchase Agreement (the “Agreement”) dated as of June 30, 2016, by and among Stratean, Inc., a Nevada corporation (“Parent”), and CleanSpark II, LLC, a Nevada limited liability company and wholly owned subsidiary of Parent (together, “Purchaser”), on the one hand, and CleanSpark Holdings LLC, a Delaware limited liability company (“CleanSpark”) on behalf of itself and its Affiliates (as that term is defined in the Agreement), including, without limitation, CleanSpark LLC, a California limited liability company, CleanSpark Technologies LLC, a Delaware limited liability company, and Specialized Energy Solutions, Inc., a California corporation (together with CleanSpark, “Seller”), on the other hand, is made effective as of August 19, 2016 (the “Amendment Effective Date”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 6th, 2020 • Cleanspark, Inc. • Cogeneration services & small power producers • Nevada
This Employment Agreement (this “Agreement”), dated as of January 31, 2020 (the “Effective Date”), is entered into by and between CleanSpark, Inc., a Nevada corporation (the “Company”), and Amer Tadayon (the “Employee”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • February 6th, 2024 • Cleanspark, Inc. • Finance services • Georgia
THIS AGREEMENT is dated as of the Effective Date (as defined below), by and between Makerstar Capital, Inc., a Delaware corporation (the “Seller”), and CSRE Properties Dalton, LLC, a Georgia limited liability company (the “Buyer”). The date this Agreement is executed by the last of Buyer and Seller shall be the “Effective Date” hereof.
June__ , 2018 Via Electronic Mail Cleanspark, Inc.Electronic Mail • July 3rd, 2018 • Cleanspark, Inc. • Cogeneration services & small power producers
Reference is made to that certain Asset Purchase Agreement by and between Cleanspark, Inc. (“Cleanspark”) and Pioneer Custom Electric Products Corp. (“Pioneer”), dated as of May 2, 2018 (the “Purchase Agreement”). All capitalized terms used and not otherwise defined herein shall have the meaning set forth in the Purchase Agreement.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • September 14th, 2022 • Cleanspark, Inc. • Services-computer integrated systems design
WHEREAS, CleanSpark’s Compensation Committee of the Board of Directors approved to amend certain of Employees’ compensation terms to reflect his contributions to the Company; and
FUTURES SALES AND PURCHASE AGREEMENT BETWEENFutures Sales and Purchase Agreement • December 14th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design
This futures sale and purchase agreement (this “Agreement”) is made on ____________by and between _____________, a ______________ (“________”), with its registered office at ________________________________, and Cleanspark, Inc., a Nevada Corporation (the “Purchaser”), with its principal place of business at 1885 S. 1800 W., Suite 3, Woods Cross, UT 84087.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 6th, 2021 • Cleanspark, Inc. • Services-computer integrated systems design
This Amendment to Employment Agreement (this “Amendment”), dated as of April 16, 2021 (the “Effective Date”), is entered into by and between CleanSpark, Inc., a Nevada corporation (the “Company”), and S. Matthew Schultz (the “Employee”). This Agreement amends that certain October 1, 2020 Employment Agreement (“Prior Agreement”), between the parties concerning employment terms.
IP Security Agreement Grant of Security Interest Agreement in United States Patents and TrademarksIp Security Agreement • April 18th, 2019 • Cleanspark, Inc. • Cogeneration services & small power producers
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, CleanSpark, Inc., a Nevada corporation (“Grantor”), having its place of business at 70 North Main Street, Suite 105, Bountiful, UT 84010, hereby grants to _________________________ (“Grantee”), having its place of business at _________________________, a security interest in all of the Grantor’s right, title and interest in, to and under the following (all of the following items or types of property being herein collectively referred to as the “Patent and Trademark Collateral”), whether presently existing or hereafter arising or acquired:
DATED April 8, 2024 BITMAIN TECHNOLOGIES DELAWARE LIMITED ("BITMAIN") and CleanSpark, Inc. ("PURCHASER")Supplemental Agreement • April 12th, 2024 • Cleanspark, Inc. • Finance services
BITMAIN TECHNOLOGIES DELAWARE LIMITED, a company incorporated and existing under the laws of the State of Delaware, the United States (File Number: 6096946) ("BITMAIN"); and
CERTAIN INFORMATION, IDENTIFIED BY [*****], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL, AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED AGREEMENT AND PLAN OF MERGER by and among CleanSpark,...Agreement and Plan of Merger • December 10th, 2020 • Cleanspark, Inc. • Services-computer integrated systems design • Nevada
