0001213900-23-099062 Sample Contracts

WORKHORSE GROUP INC.,
Indenture • December 28th, 2023 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York

INDENTURE, dated as of December 27, 2023, among Workhorse Group Inc., a Nevada corporation (the “Company”), and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”):

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SECURITY AGREEMENT
Security Agreement • December 28th, 2023 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York

THIS SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of December 27, 2023 among Workhorse Group Inc., a Nevada corporation (the “Pledgor”), each of the Subsidiaries of the Pledgor from time to time party hereto (together with the Pledgor and all Additional Grantors (as defined below), the “Grantors”) and High Trail Special Situations LLC, a Delaware limited liability company, in its capacity as collateral agent for the benefit of the Holders (as defined below) (together with its successors and assigns in such capacity, the “Secured Party”).

Certain portions of this document have been omitted pursuant to Item 601(b)(10) of Regulation S-K and, where applicable, have been marked with “[*]” to indicate where omissions have been made. The marked information has been omitted because it is (i)...
Subsidiary Guaranty • December 28th, 2023 • Workhorse Group Inc. • Motor vehicles & passenger car bodies • New York

This SUBSIDIARY GUARANTY (as amended, restated, supplemented, or otherwise modified from time to time, this “Guaranty”), dated as of December 27, 2023, among Workhorse Group Inc., a Nevada corporation (the “Issuer”) and each of the Subsidiaries of the Issuer from time to time party hereto (together with the Issuer, each individually, a “Guarantor”, and collectively, together with each Additional Guarantor, the “Guarantors”) in favor of High Trail Special Situations LLC, a Delaware limited liability company, in its capacity as collateral agent for the benefit of the Holders (as defined below) (together with its successors and assigns in such capacity, the “Secured Party”).

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