Nikola Vectoiq Merger Agreement

NOW, THEREFORE, taking into account the aforementioned and reciprocal mutual agreements and agreements, and with the intention of being legally bound, the parties agree in the following way: as part of the implementation of the business combination agreement, which was in effect on March 2, 2020, VectoIQ entered into separate subscription contracts (a “subscription contract” each) with a number of investors (each a “subscriber”) on the basis of which subscribers agreed to the sale. , and VectoIQ agreed to sell in a private placement (the “PIPE”) a total of 52,500,000 shares of VectoIQ`s common share (the “PIPE shares”) at a purchase price of $10.00 per share and a total purchase price of $525 million. Hydrogen electric fuel cell maker Nikola Motor Corp. has reached a definitive merger agreement with VectoIQ, a listed utility acquisition company. This current report on Form 8-K contains certain statements that are not historical facts, but are forward-looking statements within the meaning of the “safe harbor” provisions of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements are generally accompanied by words such as “believe,” “may,” “want,” “appreciate,” “continue,” “anticipate,” “expect,” “should,” “plan,” “plan,” “anticipate,” “potential,” “appear,” “seek,” “forward- ” outlook” and similar expressions that predict future events or trends. These forward-looking statements include, among other things, estimates and forecasts of revenue estimates and other financial and performance indicators, as well as market outlook and expectations forecasts, VectoIQ`s ability to enter into final agreements or enter into a transaction with the entity; VectoIQ`s ability to secure the necessary funding sets up the proposed operations; and the expected date for the completion of the proposed operations. These statements are based on different assumptions and current expectations of VectoIQ management and the company and are not predictions of actual performance. These forward-looking statements serve only to illustrate and serve as and should not be used as a guarantee, assurance, prediction or definitive statement of facts or probabilities. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Many real events and circumstances are beyond the control of VectoIQ and the company.