Item 1.01 Entry into a Material Definitive Agreement

On June 23, 2022, in order to comply with Nasdaq listing rules relating to voting rights, Mullen Automotive Inc. (the "Company") entered into Amendment No. 1 (the "Amendment") to the existing securities purchase agreement dated as of June 7, 2022 (the "Securities Purchase Agreement"), the terms of which, including the terms of yet to be created Series D Preferred Stock, par value $0.001 per share (the "Series D Preferred Stock"), were previously reported in the Company's Current Report on Form 8-K filed with the Securities and Exchange Commission on June 10, 2022. The Amendment amends and restates the form of Certificate of Designation of the Series D Preferred Stock, which is attached as an exhibit to the Securities Purchase Agreement; primarily amending the voting rights as set forth below:

Voting Rights. Except as provided by law, the Series D Preferred Stock will have no voting rights except that approval from a majority in interest of the Series D Preferred Stock, voting as a separate class, is required in the case of (i) a voluntary dissolution, liquidation or winding up of the Company or voluntary petition for bankruptcy or assignment for the benefit of creditors, (ii) a merger or consolidation of the Company with or into another entity, (iii) a Liquidation Event (as defined in the Company's Second Amended and Restated Certificate of Incorporation), (iv) any amendment to the Second Amended and Restated Certificate of Incorporation or the Company's bylaws which adversely affects the rights, preferences and privileges of the Series D Preferred, or (v) any authorization or issuance of any equity security (including any other security convertible into or exercisable for any such equity security) having a preference over or parity with the Series D Preferred Stock.

The foregoing description of the Amendment is qualified, in its entirety, by reference to the Amendment, a copy of which is attached as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference in this Item 1.01.

Item 9.01. Financial Statements and Exhibits






(d) Exhibits.



Exhibit
No.         Description
  10.1        Amendment No. 1 dated June 23, 2022 to Securities Purchase Agreement
            dated June 7, 2022
104         Cover Page Interactive Data File (embedded with the inline XBRL
            document)

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