Archer Aviation Inc

On August 9, 2024, we will issue an aggregate of 763,903 shares of our Class A common stock at a purchase price of $3.93 per share, issuable in satisfaction of payment to the service provider for services rendered (the “Vendor Shares”).

On August 9, 2024, we will issue a warrant to a vendor to purchase 57,050 shares of our Class A common stock (the “Vendor Warrant” and together with the Vendor Shares, the “Securities”). The Vendor Warrant has an exercise price of $0.01 per share, issuable in satisfaction of payment to the vendor for services rendered. The Form of Warrant has been filed as an exhibit to this Form 10-Q.

The Securities were offered by us pursuant to our shelf registration statement on Form S-3 (File No. 333-279289), which was declared effective by the SEC on May 16, 2024 including the prospectus supplements dated June 28, 2024, and accompanying prospectus. A copy of the opinion of Fenwick & West LLP relating to the validity of the Securities is filed herewith as Exhibit 5.1.

Rule 10b5-1 Trading Plans. During the three months ended June 30, 2024, none of our directors or officers adopted orterminated a “Rule 10b5-1 trading arrangement” or “non-Rule 10b5-1 trading arrangement,” in each case as defined in Item 408 of Regulation S-K. except as described below:

On May 24, 2024, Tosha Perkins, Chief People and Partnerships Officer of the Company, adopted a trading arrangement for the sale of the Company’s Class A common stock (the “Perkins Trading Plan”) that is intended to satisfy the affirmative defense of Rule 10b5-1(c) of the Exchange Act. The Perkins Trading Plan, which expires November 17, 2025, provides for the sale of up to 133,786 shares of Class A common stock pursuant to the terms of the plan.

All of the trading arrangements listed above are intended to satisfy the affirmative defense conditions of Rule 10b5-1(c). Transactions made pursuant to such trading arrangements will be disclosed publicly in future Section 16 filings to the extent required by law.