SUNation amends Suniva merger: share count to 1.5B, net cash floor to -$2.5M

SUNation Energy, Inc.

First Amendment dated Sept 4, 2026 to June 5 merger; adds stockholder vote on increasing authorized shares 1B to 1.5B.
Closing net cash requirement changed from -$1.5M to -$2.5M; adjusts dollar-for-dollar for equity raises above $2.1M.
SUNation to repay or convert up to $2,608,303 in related-party loans at $2.26/share, subject to stockholder approval.
If conversion not approved, Suniva repays loans within 10 days post-closing; other Suniva debt paid at close.
D&O tail insurance escrow set at $500,000; Suniva issuances >5% of fully-diluted shares need SUNation consent.

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