Common use of SPAC Transaction Clause in Contracts

SPAC Transaction. Each party agrees that the business combination transaction between Hyzon (formerly known as Decarbonization Plus Acquisition Corporation as the predecessor to Hyzon) and Hyzon Motors USA Inc. (formerly known as Hyzon Motors Inc. as the predecessor to Hyzon Motors USA Inc., which was at that time an indirect subsidiary of the Company), completed on July 16, 2021 is a “SPAC Transaction” as defined in the Constitution in effect as of the date hereof (the “Current Constitution”) and subject to Regulation 8.6 of the Current Constitution. The parties further agree that the for the purposes of Regulation 8.6 of the Current Constitution the SPAC Transaction occurred on the date hereof.