Amendment to Sales Agreement, dated as of November 2, 2023, between Blink Charging Co. and the Agents
Exhibit 10.1
Execution Version
Amendment to Sales Agreement
Dated as of November 2, 2023
Barclays Capital Inc.
745 Seventh Avenue
New York, New York 10019
BofA Securities, Inc.
One Bryant Park
New York, New York 10036
HSBC Securities (USA) Inc.
452 Fifth Avenue
New York, New York 10018
H.C. Wainwright & Co., LLC
430 Park Avenue
New York, New York 10022
Roth Capital Partners, LLC
888 San Clemente Drive, Suite 400
Newport Beach, CA 92660
ThinkEquity LLC
17 State Street, 41st Floor
New York, New York 10004
Ladies and Gentlemen:
Reference is hereby made to the Sales Agreement dated September 2, 2022 (the “Sales Agreement”) among Blink Charging Co., a Nevada corporation (the “Company”), and Barclays Capital Inc., BofA Securities, Inc., HSBC Securities (USA) Inc., H.C. Wainwright & Co., LLC, Roth Capital Partners, LLC and ThinkEquity LLC (each, an “Agent,” and together, the “Agents”).
The parties hereto agree that, as contemplated by the Sales Agreement, from and after the date hereof the term “Registration Statement,” as used in the Sales Agreement, will relate to the Company’s registration statement on Form S-3, as amended (File No. 333-275123), initially filed with the U.S. Securities and Exchange Commission on October 20, 2023, and the term “Prospectus Supplement,” as used in the Sales Agreement, will relate to the Company’s prospectus supplement dated November 2, 2023, relating to the Company’s at-the-market common stock offering contemplated by the Sales Agreement.
The parties hereto further agree that the Sales Agreement, as amended hereby, shall remain in full force and effect.
This agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the principles of conflicts of laws. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby.
[Signature Pages Follow]
If the foregoing is in accordance with your understanding of our agreement, please sign and return, whereupon this agreement, along with all counterparts, will become a binding agreement between the Agents and the Company in accordance with its terms.
| Very truly yours, | ||
| BLINK CHARGING CO. | ||
| By: | /s/ Brendan S. Jones | |
| Name: | Brendan S. Jones | |
| Title: | President and Chief Executive Officer | |
[Signature Page to Amendment to Sales Agreement]
| ACCEPTED as of the date first-above written: | ||
| BARCLAYS CAPITAL INC. | ||
| By: | /s/ Robert Stowe | |
| Name: | Robert Stowe | |
| Title: | Managing Director | |
[Signature Page to Amendment to Sales Agreement]
| ACCEPTED as of the date first-above written: | ||
| BofA Securities, Inc. | ||
| By: | /s/ Mark J. Doller | |
| Name: | Mark J. Doller | |
| Title: | Managing Director | |
[Signature Page to Amendment to Sales Agreement]
| ACCEPTED as of the date first-above written: | ||
| HSBC Securities (USA) Inc. | ||
| By: | /s/ Jeff Nicklas | |
| Name: | Jeff Nicklas | |
| Title: | Managing Director | |
[Signature Page to Amendment to Sales Agreement]
| ACCEPTED as of the date first-above written: | ||
| H.C. Wainwright & Co., LLC | ||
| By: | /s/ Edward D. Silvera | |
| Name: | Edward D. Silvera | |
| Title: | Chief Operating Officer | |
[Signature Page to Amendment to Sales Agreement]
| ACCEPTED as of the date first-above written: | ||
| Roth Capital Partners, LLC | ||
| By: | /s/ Aaron M. Gurewitz | |
| Name: | Aaron M. Gurewitz | |
| Title: | President & Head of Investment Banking | |
[Signature Page to Amendment to Sales Agreement]
| ACCEPTED as of the date first-above written: | ||
| ThinkEquity LLC | ||
| By: | /s/ Kevin Mangan | |
| Name: | Kevin Mangan | |
| Title: | Managing Director, Head of Equity Syndicate | |
[Signature Page to Amendment to Sales Agreement]
