been so described or filed. Copies of each Registration Statement, any Prospectus, and any such amendments or supplements thereto and all documents incorporated by reference therein that were
filed with the Commission on or prior to the date of this Agreement have been delivered, or are available through EDGAR, to the Investor and its counsel.
Section 3.08 Equity Capitalization. As of the date hereof, the authorized capital of the Company consists of 432,000,000 shares of
capital stock, consisting of 422,000,000 shares of common stock, par value $0.0001 per share, and 10,000,000 shares of preferred stock, par value $0.0001 per share. As of the date hereof, the Company had 223,984,435 shares of common stock
outstanding and no shares of preferred stock outstanding.
The Common Stock is registered pursuant to Section 12(b) of the Exchange
Act and is currently listed on the Principal Market under the trading symbol AEVA. The Company has taken no action designed to, or reasonably likely to have the effect of, terminating the registration of the Common Stock under the
Exchange Act or delisting the Common Stock from the Principal Market. Except as disclosed in the SEC Documents prior to the date hereof, to the Companys knowledge, it (i) is in compliance with all applicable listing requirements of the
Principal Market and (ii) has not received any notification that the Commission or the Principal Market is contemplating terminating such registration or listing.
Section 3.09 Intellectual Property Rights. The Company owns or possesses adequate rights or licenses to use all material
trademarks, trade names, service marks, service mark registrations, service names, patents, patent rights, copyrights, inventions, licenses, approvals, governmental authorizations, trade secrets and rights, if any, necessary to conduct their
respective businesses as now conducted, except as would not cause a Material Adverse Effect. The Company has not received written notice of any infringement by the Company of trademark, trade name rights, patents, patent rights, copyrights,
inventions, licenses, service names, service marks, service mark registrations, or trade secrets, except as would not cause a Material Adverse Effect. To the knowledge of the Company, there is no material claim, action or proceeding being made or
brought against, or to the Companys knowledge, being threatened against the Company regarding trademark, trade name, patents, patent rights, invention, copyright, license, service names, service marks, service mark registrations, trade secret
or other infringement; and, except as would not cause a Material Adverse Effect, the Company is not aware of any facts or circumstances which might give rise to any of the foregoing.
Section 3.10 Employee Relations. The Company is not involved in any labor dispute nor, to the knowledge of the Company is any such
dispute threatened, in each case which is reasonably likely to cause a Material Adverse Effect.
Section 3.11 Environmental
Laws. The Company (i) has not received written notice alleging any failure to comply in all material respects with all Environmental Laws (as defined below), (ii) has received all permits, licenses or other approvals required of it under
applicable Environmental Laws to conduct its business and (iii) has not received written notice alleging any failure to comply with all terms and conditions of any such permit, license or approval where, in each of the foregoing clauses (i),
(ii) and (iii), the failure to so comply would be reasonably expected to have, individually or in the aggregate, a Material Adverse Effect. The term Environmental Laws means all applicable federal, state and local laws relating to
pollution or protection of human health or the environment (including, without limitation, ambient air,
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