0001213900-26-066011 Sample Contracts

AGREEMENT AND PLAN OF MERGER

Merger Agreement • June 8th, 2026 • SUNation Energy, Inc. • Construction - special trade contractors • Delaware

• Contract Type
  Merger Agreement
• Filed
  June 8th, 2026
• Company
  SUNation Energy, Inc.
• Industry
  Construction - special trade contractors
• Jurisdiction
  Delaware

This Agreement and Plan of Merger (this “Agreement”), is entered into as of June 5, 2026, by and among Suniva, Inc., a Delaware corporation (the “Company”), SUNation Energy Inc., a Delaware corporation (“Parent”), and SUNation Merger Sub, Inc., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Section 8.01 hereof.