SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 8th, 2022 • Isun, Inc. • Semiconductors & related devices • Delaware
This Securities Purchase Agreement (this “Agreement”) is dated as of November 4, 2022, between iSun, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 8th, 2022 • Isun, Inc. • Semiconductors & related devices
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 4, 2022 between iSun, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
SECURITY AGREEMENTSecurity Agreement • November 8th, 2022 • Isun, Inc. • Semiconductors & related devices • Nevada
This SECURITY AGREEMENT, dated as of November 4, 2022 (this “Agreement”), is among iSun, Inc., a Delaware corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”), the holders of the Company’s Senior Secured Convertible Notes due thirty (30) months following their dates of issuance, in the original aggregate principal amount of $11,750,000 (collectively, the “Notes”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”) and Anson Investments Master Fund LP, in its capacity as agent for the Secured Parties (“Agent”).
SENIOR SECURED CONVERTIBLE NOTE DUE MAY 4, 2025Isun, Inc. • November 8th, 2022 • Semiconductors & related devices • Delaware
THIS SENIOR SECURED CONVERTIBLE NOTE is one of a series of duly authorized and validly issued Senior Secured Convertible Notes of iSun, Inc., a Delaware corporation (the “Company”), having its principal place of business at 400 Avenue D, Suite 10, Williston, VT 05495, designated as its Senior Secured Convertible Note due May 4, 2025 (this note, the “Note” and, collectively with the other notes of such series, the “Notes”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • November 8th, 2022 • Isun, Inc. • Semiconductors & related devices • Delaware
SUBSIDIARY GUARANTEE, dated as of November 4, 2022 (this “Guarantee”), made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Guarantors”), in favor of the purchasers signatory (together with their permitted assigns, the “Purchasers”) to that certain Securities Purchase Agreement, dated as of the date hereof, between iSun, Inc., a Delaware corporation (the “Company”), and the Purchasers.
Trademark Security AgreementTrademark Security Agreement • November 8th, 2022 • Isun, Inc. • Semiconductors & related devices • Delaware
This Trademark Security Agreement, dated as of November 4, 2022, is entered into by and among iSun Inc., a Delaware corporation (“iSun”), Peck Electric Co., a Vermont corporation (“Peck Electric”), SolarCommunities, Inc., a Vermont corporation (“SolarCommunities”), iSun Corporate, LLC, a Delaware limited liability company (“iSun Corporate”), and iSun Energy LLC, a Delaware limited liability company (“iSun Energy” and together with iSun, Peck Electric, SolarCommunities and iSun Corporate, and including their respective successors and permitted assigns, individually, a “Grantor” and collectively, the “Grantors”), in favor of Anson Investments Master Fund LP, a Cayman Islands limited partnership, as lender (in such capacity, together with its successors and permitted assigns, the “Collateral Agent”).
VOTING AGREEMENTVoting Agreement • November 8th, 2022 • Isun, Inc. • Semiconductors & related devices • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is entered into as of November 4, 2022, by and among the investors listed on Schedule A hereto (each, an “Investor”, and collectively, the “Investors”), iSun, Inc., a Delaware corporation (the “Company”), and the stockholders of the Company listed on Schedule B hereto (each, a “Stockholder”, and collectively, including on behalf of affiliated entities and/or one or more funds or accounts managed by a Stockholder the “Stockholders”). Capitalized terms used herein but not otherwise defined shall have the meaning given to them in the Purchase Agreement (as defined below).
