0001193125-21-201899 Sample Contracts

HYDROGEN SALE AND PURCHASE AGREEMENT by and between WABASH VALLEY RESOURCES, LLC, as Seller and NIKOLA CORPORATION, as Buyer Dated as of June 22, 2021 Confidential
Hydrogen Sale and Purchase Agreement • June 28th, 2021 • Nikola Corp • Motor vehicles & passenger car bodies • Delaware

THIS HYDROGEN SALE AND PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 22nd day of June, 2021 (the “Execution Date”), by and between WABASH VALLEY RESOURCES, LLC, a Delaware limited liability company (“Seller”), and NIKOLA CORPORATION, a Delaware corporation (“Nikola” or “Buyer”). Seller and Buyer are sometimes referred to individually as a “Party” and collectively as the “Parties.”

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MEMBERSHIP INTERESTS PURCHASE AGREEMENT by and among Nikola Corporation, as the Buyer, Wabash Valley Resources LLC, as the Company, and the Persons listed in Exhibit A, as the Sellers, Dated as of June 22, 2021
Membership Interests Purchase Agreement • June 28th, 2021 • Nikola Corp • Motor vehicles & passenger car bodies • Delaware

MEMBERSHIP INTERESTS PURCHASE AGREEMENT (this “Agreement”), dated as of June 22, 2021 (the “Closing Date”), by and among Nikola Corporation, a Delaware corporation (the “Buyer”), Wabash Valley Resources LLC, a Delaware limited liability company (the “Company”), and each of the Persons listed in Exhibit A hereto (each, a “Seller” and, collectively, the “Sellers”). The parties may hereinafter be referred to collectively as “Parties” or individually as “Party”.

WABASH VALLEY RESOURCES LLC SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Effective as of June 22, 2021
Limited Liability Company Agreement • June 28th, 2021 • Nikola Corp • Motor vehicles & passenger car bodies • Delaware

THIS SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (as may be further amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) of WABASH VALLEY RESOURCES LLC, a Delaware limited liability company (the “Company”) is made as of June 22, 2021 (the “Effective Date”), by and between the Members set forth in Schedule I and any other Person (each as defined below) who may from time to time become party to this Agreement and be bound by its provisions.

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