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Midas Edge

Workhorse Group Inc

For the period ended Dec 31, 2023. Filed Mar 12, 2024.

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About this filing

A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.

FY2023 · Filed Mar 12, 2024

WKHS$3.32+7.4%Stored close · as of Nov 9, 2026

Extracted filing text, with the paragraph anchors used by the comparison.

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Contents

Item 15. Exhibits

ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES

  1. Financial statements (see Index to Consolidated Financial Statements in Part II, Item 8 of this report)

  2. All financial statement schedules have been omitted since the required information was not applicable or was not present in amounts sufficient to require submission of the schedules, or because the information required is included in the consolidated financial statements or the accompanying notes.

  3. The exhibits listed in the following Index to Exhibits are filed or incorporated by reference as part of this report.

Exhibit No.DescriptionForm Incorporated FromReport Date
3.1Certificate of Designation for Series A Preferred Stock8-K1/4/2010
3.2Certificate of Change8-K5/25/2010
3.3Certificate of Correction8-K5/25/2010
3.4Articles of Merger8-K5/25/2010
3.5Certificate of Correction (Articles of Merger)8-K5/25/2010
3.6Certificate of Amendment to the Certificate of Incorporation8-K9/10/2010
3.7Certificate of IncorporationSB-22/4/2008
3.8Articles of Merger between AMP Holding Inc. and Workhorse Group Inc.8-K4/16/2015
3.9Certificate of Change filed December 9, 20158-K12/10/2015
3.10Certificate of Amendment to the Certificate of Incorporation dated August 8, 201710-Q8/9/2017
3.11Certificate of Amendment to the Certificate of Incorporation dated May 3, 201910-Q5/7/2019
3.12Certificate of Designation of Series B Preferred Stock8-K6/6/2019
3.13First Amended and Restated Bylaws of Workhorse Group Inc.8-K4/4/2022
3.14Certificate of Amendment to the Company’s Articles of Incorporation8-K9/6/2023
3.15Second Amended and Restated Bylaws8-K7/12/2023
4.1Description of Securities Registered under Section 12 of the Securities Exchange Act of 193410-K3/1/2021
4.2Indenture, dated December 27, 2023, by and between Workhorse Group Inc. and U.S. Bank, National Association8-K12/28/2023
4.3Supplemental Indenture, dated December 27, 2023, by and between Workhorse Group Inc. and U.S. Bank, National Association8-K12/28/2023
10.1Director Agreement by and between Workhorse Group Inc. and Raymond Chess dated October 24, 20138-K10/30/2013
10.2Director Agreement by and between Workhorse Group Inc. and Gerald Budde dated December 17, 20158-K12/21/2015
10.3Director Agreement by and between Workhorse Group Inc. and Benjamin Samuels dated December 17, 20158-K12/21/2015
10.4Director Agreement by and between Workhorse Group Inc. and Harry DeMott dated September 15, 20168-K9/9/2016
10.5Form of Indemnification Agreement10-K3/1/2021
10.6Director Agreement by and between Workhorse Group Inc. and Michael L. Clark dated September 28, 20188-K10/1/2018
+ 10.7Employment Agreement between Workhorse Group Inc. and Anthony Furey, dated November 6, 20198-K11/6/2019
+ 10.8Employment Agreement between Workhorse Group Inc. and Gregory Ackerson dated November 6, 20198-K11/6/2019
+ 10.9Employment Agreement between Workhorse Group Inc. and John Graber dated April 20, 20218-K4/21/2021
+ 10.10Employment Agreement between Workhorse Group Inc. and Ryan Gaul dated April 22, 20218-K4/26/2021
+ 10.11Employment Agreement between Workhorse Group Inc. and Richard Dauch dated July 26, 20218-K7/26/2021
+ 10.12Employment Agreement between Workhorse Group Inc. and James D. Harrington, dated August 16, 202110-K3/1/2022
+ 10.13Employment Agreement between Workhorse Group Inc. and Joshua Anderson, dated September 21, 202110-K3/1/2022
+ 10.14Employment Agreement between Robert Ginnan and Workhorse Group Inc. dated January 4, 20228-K1/4/2022
10.15Intellectual Property License Agreement between Workhorse Group Inc. and Lordstown Motors Corp. dated November 7, 201910-K3/13/2020
10.16Asset Purchase Agreement by Asset Purchase Agreement by and between ST Engineering Hackney, Inc. and Workhorse Group Inc. dated as of October 31, 2019 between ST Engineering Hackney, Inc. and Workhorse Group Inc. dated as of October 31, 201910-K3/13/2020
10.17Agreement between Workhorse Group Inc. and Lordstown Motors Corp dated August 1, 20208-K8/4/2020
10.18Vehicle Supply and Purchase Agreement, dated February 28, 2022, between the Company and GreenPower Motor Company, Inc.8-K2/28/2022
10.19At-the-Market-Sales Agreement, dated March 10, 2022, between the Company and BTIG, LLC.8-K3/10/2022
10.20Form of Purchase Agreement - October 20208-K10/13/2020
10.21Form of Exchange Agreement - October 20208-K10/13/2020
10.22Form of Indenture8-K10/16/2020
10.23Form of Securities Exchange Agreement8-K10/6/2021
10.24Form of Securities Exchange Agreement8-K11/2/2021
10.25Form of Exchange Agreement - 20228-K4/5/2022
+ 10.262017 Incentive Stock Plan10-Q8/9/2022
+ 10.272019 Incentive Stock Plan10-K3/13/2020
+ 10.28Form of Non-Statutory Option Award Agreement between Workhorse Group Inc. and Richard Dauch10-Q11/9/2021
+ 10.29Form of Executive Restricted Stock Award Agreement under 2019 Incentive Stock Plan10-K3/1/2022
+ 10.30Form of Performance Share Unit Award Agreement under 2019 Incentive Stock Plan10-K3/1/2022
+ 10.31Form of Executive Restricted Stock Award Agreement under 2017 Incentive Stock Plan and 2023 Long-Term Incentive Plan10-K3/1/2022
+ 10.32Form of Performance Share Unit Award Agreement under 2017 Incentive Stock Plan and 2023 Long-Term Incentive Plan10-K3/1/2022
+ 10.33Form of Director Restricted Stock Award Agreement under 2017 Incentive Stock Plan10-K3/1/2022
+ 10.34Short-Term Incentive Plan10-K3/1/2022
+ 10.35Workhorse Group Inc. 2023 Long-Term Incentive Plan, as amended and restated, effective as of May 2, 2023 (incorporated by reference to Appendix A to the registrant’s definitive additional materials as filed with the Securities and Exchange Commission on April 24, 2023).10-Q5/15/2023
10.36Floorplan and Security Agreement, dated as of August 10, 2023, by and between Workhorse Technologies Inc. and Mitsubishi HC Capital America, Inc.10-Q8/14/2023
10.37Form of Securities Purchase Agreement, dated December 12, 2023, by and between Workhorse Group Inc. and the purchaser thereto8-K12/12/2023
10.38Form of Note, dated December 12, 2023, by and between Workhorse Group Inc. and the holder thereto8-K12/12/2023
10.39Form of Warrant dated December 12, 2023, by and between Workhorse Group Inc. and the holder thereto8-K12/12/2023
10.40Purchase Agreement, dated December 12, 2023, by and between Workhorse Group Inc. and the purchaser thereto8-K12/12/2023
10.41Form of Registration Rights Agreement, dated December 12, 2023, by and between Workhorse Group Inc. and the purchaser thereto8-K12/12/2023
10.42Form of Security Agreement, dated December 27, 2023, by and between Workhorse Group Inc. and the investor party thereto8-K12/28/2023
10.43Form of Guaranty, Dated December 27, 2023, by and among the investor and the guarantors party thereto8-K12/28/2023
+ 10.44First Amendment to Employment Agreement, dated November 13, 2023, by and between Workhorse Group Inc. and Rick Dauch8-K11/14/2023
10.45Form of Executive Restricted Stock Unit Award Agreement under 2023 Long-Term Incentive Plan†
10.46Form of Director Restricted Stock Unit Award Agreement under 2023 Long-Term Incentive Plan†
21.1List of Subsidiaries†
23.1Consent of Grant Thornton LLP†
31.1Certification of Chief Executive Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.†
31.2Certification of Chief Financial Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.†
32.1Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002†
32.2Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002†
97.1Clawback Policy, effective October 2, 2023†
101.INSInline XBRL INSTANCE DOCUMENT
101.SCHInline XBRL Taxonomy Extension Schema Document
101.CALInline XBRL Taxonomy Extension Calculation Linkbase Document
101.DEFInline XBRL Taxonomy Extension Definition Linkbase Document
101.LABInline XBRL Taxonomy Extension Labels Linkbase Document
101.PREInline XBRL Taxonomy Extension Presentation Linkbase Document
104Inline XBRL Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)

† Exhibits that are filed with this report.

  • Indicates a management contract or compensatory arrangement.
ContentsView on SEC.gov

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