EX-99.5 6 exhibit99-5.htm EXHIBIT 99.5 Electrovaya Inc.: Exhibit 99.5 - Filed by newsfilecorp.com

UNDERTAKING

To:

British Columbia Securities Commission

 

Alberta Securities Commission

 

Financial and Consumer Affairs Authority of Saskatchewan

 

The Manitoba Securities Commission

 

Ontario Securities Commission

 

Autorité des marchés financiers

 

New Brunswick Financial and Consumer Services Commission

 

Nova Scotia Securities Commission

 

Office of the Superintendent of Securities, Prince Edward Island

 

Office of the Superintendent of Securities, Service Newfoundland and Labrador

 

Office of the Superintendent of Securities, Northwest Territories

 

Office of the Yukon Superintendent of Securities

 

Nunavut Securities Office

 

(collectively, the "Securities Regulators")

   

Re:

Short Form Base Shelf Prospectus (the "Prospectus") dated December 7, 2021 of Electrovaya Inc. (the "Corporation")

 

Section 7.1 of National Instrument 44-102 - Shelf Distributions

 

Section 4.2(a)(x) and (x.1) of National Instrument 44-101 - Short Form Prospectus Distributions

The Corporation undertakes to the Securities Regulators that the Corporation will file, in respect of any offering of securities under the Prospectus and a supplement thereto: (i) the trust indenture in respect of an offering of debt securities ("Debt Indenture"); (ii) the warrant indenture or agreement in respect of an offering of warrants ("Warrant Indenture"); or (iii) the subscription receipt agreement in respect of an offering of subscription receipts ("Subscription Receipt Agreement"), with the Securities Regulators promptly and in any event no later than seven days after the execution of the Debt Indenture, Warrant Indenture and/or Subscription Receipt Agreement in respect of any offering of the applicable securities under the Prospectus and a supplement thereto.

DATED this 7th day of December, 2021.

  ELECTROVAYA INC.
   
     
  By: "Sankar Das Gupta"
    Name: Sankar Das Gupta
    Title: President & Chief Executive Officer