0001104659-22-070561 Sample Contracts

PHOENIX MOTOR INC. UNDERWRITING AGREEMENT
Underwriting Agreement • June 13th, 2022 • Phoenix Motor Inc. • Truck & bus bodies • New York
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PHOENIX MOTOR, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 13th, 2022 • Phoenix Motor Inc. • Truck & bus bodies • Delaware

This INDEMNIFICATION AGREEMENT (this “Agreement”) is dated as of June __, 2022and is between Phoenix Motor, Inc., a Delaware corporation (the “Company”), and the undersigned indemnified party (the “Indemnitee”).

ESCROW AGREEMENT
Escrow Agreement • June 13th, 2022 • Phoenix Motor Inc. • Truck & bus bodies • Delaware

This Escrow Agreement dated this 7th day of June, 2022 (the “Escrow Agreement”), is entered into by and among Phoenix Motor Inc., a Delaware company (the “Company” or “Phoenix Motor”), having an address at 1500 Lakeview Loop, Anaheim, CA 92807, Prime Number Capital LLC, having an address at 14 Myrtle Drive, Great Neck, New York 11021, as the representative of the Underwriters (as defined hereafter) (the “Representative”, and together with the Company, each a “Party” and collectively, the “Parties”), and Wilmington Trust, National Association, as escrow agent (“Escrow Agent”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Underwriting Agreement (as defined hereafter).

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