0001209191-22-054778.txt : 20221028 0001209191-22-054778.hdr.sgml : 20221028 20221028160538 ACCESSION NUMBER: 0001209191-22-054778 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20221020 FILED AS OF DATE: 20221028 DATE AS OF CHANGE: 20221028 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Bernstein Stuart N. CENTRAL INDEX KEY: 0001873851 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39598 FILM NUMBER: 221341872 MAIL ADDRESS: STREET 1: C/O XOS, INC. STREET 2: 3550 TYBURN STREET CITY: LOS ANGELES STATE: CA ZIP: 90065 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Xos, Inc. CENTRAL INDEX KEY: 0001819493 STANDARD INDUSTRIAL CLASSIFICATION: MOTOR VEHICLE PARTS & ACCESSORIES [3714] IRS NUMBER: 981550505 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 3550 TYBURN STREET CITY: LOS ANGELES STATE: CA ZIP: 90065 BUSINESS PHONE: (818) 316-1890 MAIL ADDRESS: STREET 1: 3550 TYBURN STREET CITY: LOS ANGELES STATE: CA ZIP: 90065 FORMER COMPANY: FORMER CONFORMED NAME: NextGen Acquisition Corp DATE OF NAME CHANGE: 20200729 3 1 doc3.xml FORM 3 SUBMISSION X0206 3 2022-10-20 0 0001819493 Xos, Inc. XOS 0001873851 Bernstein Stuart N. C/O XOS, INC. 3550 TYBURN STREET LOS ANGELES CA 90065 1 0 0 0 Common Stock 60895 D Common Stock 124013 I See Footnote Common Stock Warrant (Right to Buy) 11.50 2021-09-20 2026-08-20 Common Stock 50002 I See Footnote The securities are held by Bernstein Investment Partners LLC, of which the Reporting Person is the Managing Member. /s/ Christen Romero, Attorney-in-Fact 2022-10-28 EX-24 2 poa.txt POA DOCUMENT POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints Christen Romero, Michael Jung and Meredith Carr of Xos, Inc. (the "Company") and Kris Tsao Cachia and Kim Merritt of Cooley LLP, signing individually, as the undersigned's true and lawful attorneys-in fact and agents to: (1) execute for and on behalf of the undersigned, an officer, director or holder of 10% of more of a registered class of securities of the Company, Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the "Exchange Act") and the rules thereunder; (2) do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to complete and execute such Form 3, 4 or 5, complete and execute any amendment or amendments thereto, and timely file such forms or amendments with the United States Securities and Exchange Commission and any stock exchange or similar authority; and (3) take any other action of any nature whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, and their substitutes, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Exchange Act. This Power of Attorney shall remain in full force and effect until the earliest to occur of (a) the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, (b) revocation by the undersigned in a signed writing delivered to the foregoing attorney-in-fact or (c) as to any attorney-in-fact individually, until such attorney-in-fact is no longer employed by the Company or employed by or a partner at Cooley LLP, or another law firm representing the Company, as applicable. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 17th day of October, 2022. /s/ Stuart Bernstein Stuart N. Bernstein