COMMON STOCK PURCHASE WARRANT PHOENIX MOTOR INC.Common Stock Purchase Warrant • January 24th, 2022 • Phoenix Motor Inc. • Truck & bus bodies • New York
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 [_____], 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from PHOENIX MOTOR INC., a company incorporated under the laws of the State of Delaware (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). This Warrant shall initially be issued and maintained in the form of a security held in book-entry form and the Depository Trust Company or its nominee (“DTC”) shall initially be the sole registered holder of th
PHOENIX MOTOR INC. and VSTOCK TRANSFER, LLC, as Warrant Agent Warrant Agency Agreement Dated as of [ ] __, 2022 WARRANT AGENCY AGREEMENTWarrant Agency Agreement • January 24th, 2022 • Phoenix Motor Inc. • Truck & bus bodies • California
WARRANT AGENCY AGREEMENT, dated as of [ ] __, 2022 (“Agreement”), between PHOENIX MOTOR INC., a corporation organized under the laws of the State of Delaware (the “Company”), and VSTOCK TRANSFER, LLC, a limited liability company organized under the laws of [ ] (the “Warrant Agent”).
ContractPhoenix Motor Inc. • January 24th, 2022 • Truck & bus bodies
THE REGISTERED HOLDER OF THIS WARRANT BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS WARRANT EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS WARRANT AGREES THAT IT WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE OR HYPOTHECATE THIS WARRANT FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE (DEFINED BELOW) TO ANYONE OTHER THAN (I) MAXIM GROUP LLC OR AN UNDERWRITER OR A SELECTED DEALER IN CONNECTION WITH THE OFFERING, OR (II) A BONA FIDE OFFICER OR PARTNER OF MAXIM GROUP LLC OR OF ANY SUCH UNDERWRITER OR SELECTED DEALER.
PHOENIX MOTOR INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 24th, 2022 • Phoenix Motor Inc. • Truck & bus bodies • New York
