Fourth Amendment to Agreement and Plan of Merger among Alberton Acquisition Corporation, Alberton Merger Subsidiary, Inc., and SolarMax Technology, Inc.
This amendment updates the merger agreement between Alberton Acquisition Corporation, Alberton Merger Subsidiary, Inc., and SolarMax Technology, Inc. It documents that SolarMax has made loans totaling $528,602.62 to the Sponsor to help pay current obligations and allows for up to $135,000 in additional loans on the same terms. All other terms of the original merger agreement remain unchanged.
Exhibit 2.1
FOURTH AMENDMENT
Fourth Amendment dated September 10, 2021, to the Agreement and Plan of Merger dated October 27, 2020, by and among Alberton Acquisition Corporation, Alberton Merger Subsidiary, Inc. and SolarMax Technology, Inc. as amended by an amendments dated November 10, 2020, March 31, 2021 and August 11, 2021, which agreement, as so amended being referred to as the “Merger Agreement.”
1. All terms defined in the Merger Agreement and used in this Amendment shall have the same meaning in this Amendment as in the Merger Agreement.
2. The Company has made loans (the “Sponsor Loans”) to the Sponsor in the aggregate principal amount of $528,602.62 to enable the Sponsor to provide funds for Purchaser to pay current obligations. The Company will make additional loans to the Sponsor, on the same terms as the existing Sponsor Loans, of up to $135,000.00.
3. Except as amended by this Amendment, the Merger Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, each Party hereto has caused this Amendment to be signed and delivered as of the date first written above.
| ALBERTON ACQUISITION CORPORATION | |||
| By: | /s/ Guan Wang | ||
| Name: | Guan Wang | ||
| Title: | CEO | ||
| ALBERTON MERGER SUBSIDIARY, INC. | |||
| By: | /s/ Guan Wang | ||
| Name: | Guan Wang | ||
| Title: | CEO | ||
| SOLARMAX TECHNOLOGY, INC. | |||
| By: | /s/ David Hsu | ||
| Name: | David Hsu | ||
| Title: | CEO | ||
