SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 7th, 2023 • Ault Alliance, Inc. • Electronic components, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 6, 2023 (the “Effective Date”), between Ault Alliance, Inc., a Delaware corporation (the “Company”), and Ault & Company, Inc., a Delaware corporation (the “Purchaser”).
AULT ALLIANCE, INC. COMMON STOCK PURCHASE WARRANTAult Alliance, Inc. • November 7th, 2023 • Electronic components, nec • New York
THIS CERTIFIES THAT, for value received, the Holder is entitled to purchase, and AULT ALLIANCE, INC.., a Delaware corporation (the “Company”), promises and agrees to sell and issue to the Holder, at any time, or from time to time, during the Exercise Period, an aggregate of up to 369,549,150 shares of the Company’s Class A Common Stock, par value $0.001 per share (the “Common Stock”), of the Company, at the Exercise Price, subject to the provisions and limitations and upon the terms and conditions hereinafter set forth. This Warrant is issued by the Company pursuant to that certain Securities Purchase Agreement dated as of November 6, 2023 (the “Purchase Agreement”) pursuant to which the Company has offered and sold to the purchaser named therein shares of its Series C Preferred Stock (the “Preferred Shares”).
