Item 5. Other Information
ITEM 5. OTHER INFORMATION
No director or Section 16 officer of the Company entered into, modified or terminated a Rule 10b5-1 trading arrangement or any non-Rule 105b-1 trading arrangement during the three months ended September 30, 2024.
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ITEM 6. EXHIBITS
Exhibit No. Description of Exhibits Incorporation by Reference
3.1 Third Amended and Restated Certificate of Incorporation of the Company
Exhibit 3.1 to the Current Report on Form 8-K/A filed on August 29, 2023.
3.2 Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation of the Company
Exhibit 3.1 to the Current Report on Form 8-K filed on February 7, 2024.
3.3 Second Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation of the Company
Exhibit 3.1 to the Current Report on Form 8-K filed on February 26, 2024.
3.4 Certificate of Elimination of Series A Preferred Stock
Exhibit 3.2 to the Current Report on Form 8-K filed on August 1, 2024.
3.5 Third Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation of the Company
Exhibit 3.1 to the Current Report on Form 8-K filed on August 1, 2024.
3.6 Fourth Certificate of Amendment to Third Amended and Restated Certificate of Incorporation of Faraday Future Intelligent Electric Inc.
Exhibit 3.2 to the Current Report on Form 8-K filed on August 15, 2024.
3.7 Amended and Restated Bylaws of the Company
Exhibit 3.2 to the Current Report on Form 8-K filed on June 16, 2023.
4.1 Form of Warrant
Exhibit 4.1 to the Current Report on Form 8-K filed on September 6, 2024.
4.2 Form of Incremental Warrant
Exhibit 4.2 to the Current Report on Form 8-K filed on September 6, 2024.
4.3 Form of Placement Agent Warrant
Exhibit 4.3 to the Current Report on Form 8-K filed on September 6, 2024.
4.4 Form of Secured Convertible Note
Exhibit 4.4 to the Current Report on Form 8-K filed on September 6, 2024.
10.1 Master Lease Agreement, dated July 11, 2024, between Faraday&Future Inc. and Utica Leaseco, LLC ***
Exhibit 10.1 to the Current Report on Form 8-K filed on July 13, 2024.
10.2 Rider No. 1 to Master Lease Agreement, dated July 11, 2024, by and between Faraday&Future Inc. and Utica Leaseco, LLC
Exhibit 10.2 to the Current Report on Form 8-K filed on July 13, 2024.
10.3 Rider No. 2 to Master Lease Agreement, dated July 11, 2024, by and between Faraday&Future Inc. and Utica Leaseco, LLC
Exhibit 10.3 to the Current Report on Form 8-K filed on July 13, 2024.
10.4 Master Lease Guaranty, dated July 11, 2024, by and between Faraday Future Intelligent Electric Inc. and Utica Leaseco, LLC
Exhibit 10.4 to the Current Report on Form 8-K filed on July 13, 2024.
10.5 Equipment Schedule to the Master Lease Agreement ***
Exhibit 10.5 to the Current Report on Form 8-K filed on July 13, 2024.
10.6 Rider No. 1 to Equipment Schedule, dated July 11, 2024
Exhibit 10.6 to the Current Report on Form 8-K filed on July 13, 2024.
10.7 Post-Closing Agreement, dated July 11, 2024, by and between Faraday&Future Inc. and Utica Leaseco, LLC
Exhibit 10.7 to the Current Report on Form 8-K filed on July 13, 2024.
10.8 Amendment No. 11 to the Securities Purchase Agreement, dated July 11, 2024, by and among Faraday Future Intelligent Electric Inc. and FF Vitality Ventures LLC
Exhibit 10.8 to the Current Report on Form 8-K filed on July 13, 2024.
10.9 Amendment No. 12 to the Securities Purchase Agreement, dated July 11, 2024, by and among Faraday Future Intelligent Electric Inc. and Senyun International Ltd.
Exhibit 10.9 to the Current Report on Form 8-K filed on July 13, 2024.
10.10+ Faraday Future Intelligent Electric Inc. Amended and Restated 2021 Stock Incentive Plan, effective June 20, 2024
Exhibit 10.1 to the Current Report on Form 8-K filed on August 1, 2024.
10.11 Form of Waiver Agreement, dated August 2, 2024, by and between the Company and the holders party thereto
Exhibit 10.1 to the Current Report on Form 8-K filed on August 5, 2024.
10.12 Securities Purchase Agreement, dated September 5, 2024, by and between the Company and parties thereto
Exhibit 10.1 to the Current Report on Form 8-K filed on September 6, 2024.
10.13 Form of Security Agreement
Exhibit 10.2 to the Current Report on Form 8-K filed on September 6, 2024
10.14 Subordination and Intercreditor Agreement, dated September 5, 2024, by and among Faraday Future Intelligent Electric Inc. and the parties thereto
Exhibit 10.3 to the Current Report on Form 8-K filed on September 6, 2024
10.15+ Offer Letter with Koti Meka, dated September 17, 2024
Exhibit 10.1 to the Current Report on Form 8-K filed on September 18, 2024
10.16* Letter Amendment to Settlement Agreement dated August 9, 2024, by and between Faraday&Future, Inc. and Palantir Technologies, Inc.
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10.17* First Amendment to Lease Agreement, dated March 14, 2024, by and between 10701 Idaho Owner, LLC and Faraday&Future Inc.
10.18* Second Amendment to Lease Agreement, dated August 27, 2024, by and between 10701 Idaho Owner, LLC and Faraday&Future Inc.
31.1* Certification of Principal Executive Officer Pursuant to Securities Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.2* Certification of Principal Financial Officer Pursuant to Securities Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
32.1** Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
32.2** Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
101 Inline XBRL Document Set for the Unaudited Condensed Consolidated Financial Statements and accompanying notes to Unaudited Condensed Consolidated Financial Statements
104 Cover Page Interactive Data File - formatted in Inline XBRL and included in Exhibit 101
* Filed herewith.
** Furnished herewith.
*** Schedules and certain portions of this exhibit have been omitted pursuant to Item 601(a)(5) of Regulation S-K.
+ Designates a management compensation plan, contract or arrangement.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Faraday Future Intelligent Electric Inc.
Date: November 7, 2024
By: /s/ Matthias Aydt
Name: Matthias Aydt
Title: Global Chief Executive Officer
(Principal Executive Officer)
By: /s/ Koti Meka
Name: Koti Meka
Title: Chief Financial Officer
(Principal Financial and Accounting Officer)
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