Vectoiq Warrant Agreement
(a) in Section 4.16 (a) of the company`s information plan, the following types of contracts and agreements: in which the company or a subsidiary of the company is involved, with the exception of customer orders (contracts and agreements that must be defined in accordance with Section 4.16 (a) of the company`s disclosure plan, as well as a plan covered by Section 4.10 (a) of the company`s disclosure plan, which is the «material contract»: March 27, 2020, VectoIQ Acquisition Corp., a Delaware company («VectoIQ»), VCTIQ Merger Sub Corp., a Delaware company («Merger Sub») and Nikola Corporation, a «company,» entered into a business combination agreement,») following which VectoIQ and the company enter into a business combination. The terms of the business merger agreement, which contains customary insurance and guarantees, agreements, terms of entry, termination fee provisions and other terms of the merger (defined below) and other proposed transactions, are summarized below. The wholesale terms that are used in this report on Form 8-K, but are not defined differently, have the meaning given to them in the business combination agreement. PHOENIX, July 22, 2020 /PRNewswire/ — Nikola Corporation (Nasdaq: NKLA; NKLAW («Nikola» or «the company») announced today that the company will exchange all outstanding warrants (public warrants) to acquire shares of the company`s common shares, $0.0001 us par value per share (the «common share») issued as an options company under the May 15, 2018 Warrant Agreement («Warrant Agreement») and between the acquisition of VectoIQ Corp. («VectoIQ») and the Continental Stock Transfer – Trust Company (the agent warrant) and which are pending at 5:00 p.m. .m. New York time on August 21, 2020 (the «Redemption Date») for a withdrawal price of $0.01 per public guarantee (the «Redemption Price»). Guarantees relating to the acquisition of common shares issued under the Warrant agreement in a private placement and still held by the original holders or their authorized purchasers are not subject to this withdrawal. CONSIDERING that VectoIQ enters into underwriting contracts with certain investors (the «subscription contracts») under which these investors acquire shares of VectoIQ`s common stock at a purchase price of $10.00 in a private placement or investment (the «private placements») that will be concluded immediately prior to the conclusion of the planned transactions; and, in this case, in accordance with the provisions of item ((i) or ((ii) of this section 9.03 (a), the company pays the termination fee to VectoIQ or its agent by transfer of funds on the same day (x) in the case of Section 9.03, point (a) (a) (A), within two (2) working days of such termination; (y) in the case of Section 9.03 A) (ii) (B), at the same time as such termination or (z) in the case of Section 9.03(a) (a) on the occasion of the final agreement on the proposed business acquisition mentioned in it; the company is under no circumstances obliged to pay the termination fee on more than one occasion. «VectoIQ Warrant Agreement» refers to a specific option agreement between VectoIQ and Continental Stock Transfer and Trust Company on May 15, 2018. View original content for the multimedia download: www.prnewswire.com/news-releases/nikola-announces-redemption-of-public-warrants-301097613.html «transactional documents» this agreement, including all schedules and parts, the company`s disclosure schedule, ancillary agreements and any other agreements, certificates and instruments that are executed and delivered by VectoIQ, Merger Sub or the entity as part of the transaction and which are specifically provided for in this agreement.