0001214659-24-020833 Sample Contracts
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 23rd, 2024 • Hyperscale Data, Inc. • Electronic components, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of December 21 2024 (the “Effective Date”), between Hyperscale Data, Inc., a Delaware corporation (the “Company”), and Ault & Company, Inc., a Delaware corporation (the “Purchaser”).
HYPERSCALE DATA, INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • December 23rd, 2024 • Hyperscale Data, Inc. • Electronic components, nec • New York
THIS CERTIFIES THAT, for value received, the Holder is entitled to purchase, and HYPERSCALE DATA, INC.., a Delaware corporation (the “Company”), promises and agrees to sell and issue to the Holder, at any time, or from time to time, during the Exercise Period, an aggregate of up to 4,248,088 shares of the Company’s Class A Common Stock, par value $0.001 per share (the “Common Stock”), of the Company, at the Exercise Price, subject to the provisions and limitations and upon the terms and conditions hereinafter set forth. This Warrant is issued by the Company pursuant to that certain Securities Purchase Agreement dated as of December 21, 2024 (the “Purchase Agreement”) pursuant to which the Company has offered and sold to the purchaser named therein shares of its Series C Preferred Stock (the “Preferred Shares”).