Extracted from this filing and checked against the source text.
Material Agreements
SEC 8-K Item 1.01/1.02
confidence 0.9
Xos, Inc. amended First Amendment to the Convertible Debentures with YA II PN, Ltd. valued at Amendment to Primary Market definition in the Convertible Debentures (effective 2023-06-22).
- Action
- amendment
- Agreement
- notes offering
- Counterparty
- YA II PN, Ltd.
- Value
- Amendment to Primary Market definition in the Convertible Debentures
- Effective
- 2023-06-22
Exact text from the filing
On June 22, 2023, the Company and Yorkville entered into the First Amendment to the Convertible Debentures (the "Convertible Debentures Amendment") pursuant to which the Company and Yorkville agreed to amend the Primary Market definition in the Convertible Debentures.
View on SEC.gov
Material Agreements
SEC 8-K Item 1.01/1.02
confidence 0.95
Xos, Inc. amended First Amendment to Standby Equity Purchase Agreement with YA II PN, Ltd. valued at Amendment to equity purchase agreement; changes to purchase price calculation, share denomination, b (effective 2023-06-22).
- Action
- amendment
- Agreement
- equity purchase
- Counterparty
- YA II PN, Ltd.
- Value
- Amendment to equity purchase agreement; changes to purchase price calculation, share denomination, b
- Effective
- 2023-06-22
Exact text from the filing
On June 22, 2023, the Company and Yorkville entered into the First Amendment to Standby Equity Purchase Agreement (the "SEPA Amendment"), in which the Company and Yorkville agreed to: (1) change the calculation of the purchase price of an Option 1 Advance from an average of lowest daily volume-weighted average prices (each, a "VWAP") of the Common Stock during a three-day pricing period to the lowest VWAP during such three-day pricing period; (2) change the denomination of any requested advances from the Company to Yorkville under the SEPA from dollars to shares; (3) increase Yorkville's beneficial ownership limitation under the SEPA from 4.99% to 9.99% of the outstanding Common Stock, provided that if any portion of an advance under the SEPA would cause Yorkville to exceed the beneficial ownership limitation due to Yorkville's ownership of the Company's securities convertible into Common Stock, then the maximum number of shares of Common Stock that such securities will be convertible
View on SEC.gov
Material Agreements
SEC 8-K Item 1.01/1.02
confidence 0.95
Xos, Inc. amended Side Letter to the Securities Purchase Agreement with YA II PN, Ltd. valued at Removal of restriction on Company's ability to effect advances under SEPA; advance proceeds offset a (effective 2023-06-22).
- Action
- amendment
- Agreement
- equity purchase
- Counterparty
- YA II PN, Ltd.
- Value
- Removal of restriction on Company's ability to effect advances under SEPA; advance proceeds offset a
- Effective
- 2023-06-22
Exact text from the filing
On June 22, 2023, the Company and Yorkville entered into the Side Letter to the Securities Purchase Agreement (the "Side Letter"), pursuant to which the Company and Yorkville agreed, among other things, to remove the restriction on the Company's ability to effect an Advance (as defined in the SEPA) under the SEPA, provided that for so long as any Principal and Interest (each as defined in the Convertible Debentures) remaining outstanding under the Convertible Debentures, the Company may only (i) effect an advance under the SEPA if an event described in clause (i) or clause (ii) of Section 2(a) of the Convertible Debentures has occurred and has not been cured in accordance with clause (A), (B), or (C) of Section 2(a) of the Convertible Debentures, and (ii) designate an Option 1 Advance Amount (as defined in the SEPA Amendment).
View on SEC.gov