8-K - BINI - Equibles

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 OR 15(d) of The SecuritiesExchange Act of 1934

Date<br> of Report (Date of earliest event reported):	September 22, 2023

MULLEN

AUTOMOTIVE INC.

_____________________________________________________________

(Exact name of registrant as specified in its charter)

Delaware	001-34887	86-3289406
(State<br> or other jurisdiction of<br><br> incorporation)	(Commission<br> File Number)	(IRS<br> Employer Identification No.)

1405

Pioneer Street, Brea, California 92821

(Address, including zip code, of principal executive offices)

Registrant’s<br> telephone number, including area code	(714)<br> 613-1900

(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities<br> registered pursuant to Section 12(b) of the Act:
Title of each class	Trading symbol(s)	Name of each exchange on which registered
Common<br> Stock, par value $0.001	MULN	The<br> Nasdaq Stock Market, LLC (Nasdaq Capital Market)

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2).

Emerging growth company ¨

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 7.01.	Regulation FD Disclosure.

On September 25, 2023, Mullen Automotve Inc. (the “Company”) issued a press release announcing certification from the Environmental Protection Agency (“EPA”) for Class 3 EV commerical verihcles. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

The information in this Item 7.01 and Exhibitsattached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, nor shallit be deemed incorporated by reference in any filing under the Securities Act, except as shall be expressly set forth by specificreference in such filing.

Item 8.01	Other Events.

On September 22, 2023, the Company received from the United States Environmental Protection Agency (“EPA”) a Certificate of Conformity for its Class 3 EV Commercial Vehicles. The U.S. Clean Air Act requires that a Certificate of Conformity issued by the EPA certifying that certain vehicles comply with all applicable emissions and related certification requirements. In addition, the Mullen Class 3 EV Cab Chassis Truck has completed all required testing requirements for Federal Motor Vehicle Safety Standards (“FMVSS”) and compliance. With EPA certification in-hand and FMVSS compliance, the Company can now begin shipments of Class 3 EVs for customer deliveries. A copy of the Certificate of Conformity is attached hereto as Exhibit 99.1.

Item 9.01.	Financial Statements and Exhibits

(d) Exhibits.

ExhibitNo.	Description
99.1	United States Environmental Protection Agency Certificate<br>of Conformity with the Clean Air Act issued September 22, 2023.
99.2	Press Release dated September 25, 2023.
104	Cover Page Interactive Data File (embedded within the Inline XBRL document).

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized.

	MULLEN AUTOMOTIVE INC.
Date: September 25, 2023	By:	/s/ David Michery
		David Michery
		Chief Executive Officer

Exhibit 99.1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 2024 MODEL YEAR CERTIFICATE OF CONFORMITY WITH THE CLEAN AIR ACT OFFICE OF TRANSPORTATION AND AIR QUALITY ANN ARBOR, MICHIGAN 48105 Certificate Issued To: Mullen Automotive, Inc. (U.S. Manufacturer or Importer) Certificate Number: RMLAD00.08CU-001 Effective Date: 09/22/2023 Expiration Date: 12/31/2024 _________________________ Byron J. Bunker, Division Director Compliance Division Issue Date: 09/22/2023 Revision Date: N/A Test Group Name: RMLAD00.08CU Evaporative/Refueling Family Name: Applicable Exhaust Emission Standards: HDV2 (Federal HD chassis Class 3 GVW 10001-14000), ZEV, ILEV Applicable Evaporative/Refueling Standards: Engine Displacement: N/A Exhaust Emission Test Fuel Type: Full Useful Life Miles: Exhaust Emissions: 150,000 miles Full Useful Life Miles: Evaporative/Refueling Emissions: N/A Models Covered: Mullen Three Urban Utility: UU Battery Electric Vehicle Pursuant to section 206 of the Clean Air Act (42 U.S.C.7525) and 40 CFR Parts 85, 86, 88, 600, 1037, 1065, and 1066 as applicable, this certificate of conformity is hereby issued with respect to test vehicles which have been found to conform to the requirements of the regulations on Control of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines (40 CFR Parts 85, 86, 88, 600, 1037, 1065, and 1066 as applicable) and which represent the new motor vehicle models listed above by test group and evaporative/refueling emission family, more fully described in the application of the above named manufacturer. Vehicles covered by this certificate have demonstrated compliance with the applicable emission standards as more fully described in the manufacturer's application. This certificate covers the above models, which are designed to meet the applicable emission standards specified in 40 CFR Parts 85, 86, 88, 600, 1037, 1065, and 1066 as applicable at both high and low altitude as applicable. EPA is issuing this certificate subject to the conditions and provisions of 40 CFR 86.1848(c), and 40 CFR 1037 as applicable. This certificate covers only those new motor vehicles or vehicle engines which conform, in all material respects, to the design specifications that apply to those vehicles or engines described in the documentation required by 40 CFR Parts 85, 86, 88, 600, 1037, 1065, and 1066 as applicable and which are produced during the 2024 model year production period stated on this certificate of the said manufacturer, as defined in 40 CFR Parts 85, 86, 88, 600, 1037, 1065, and 1066 as applicable. The manufacturer shall obtain the approval of the California Air Resources Board (in the form of an executive order issued by the California Air Resources Board) prior to introducing any vehicle covered by this certificate into commerce 1) in the State of California, or 2) in a State that, under the authority of Section 177 of the Clean Air Act, has adopted and placed into effect the California standards to which this test group has been certified. In the case of completely assembled vehicles, this certificate of conformity covers only vehicles which are completely manufactured prior to January 1, 2025. Normally incompletely assembled vehicles (such as cab chassis) may be completed after this date, provided that the basic manufacturing (including installation of the emission control system) was completed prior to January 1, 2025. This certificate does not cover vehicles sold, offered for sale, or introduced, or delivered for introduction, into commerce in the U.S. prior to the effective date of the certificate.

Exhibit 99.2

Effective Sept.22, 2023, Mullen Receives EPA Certification for Class 3 EV Commercial Vehicles

EPA certificationis a critical milestone to allow shipping vehicles to customers;

Company’s first Class 3EV Cab Chassis Trucks began rolling off the production line on August 21, 2023

BREA, Calif., Sept. 25, 2023 -- via IBN -- Mullen Automotive Inc. (NASDAQ: MULN) (“Mullen” or the “Company”), an emerging electric vehicle (“EV”) manufacturer, today announces its achievement of a key milestone with full approval from the Environmental Protection Agency (“EPA”) with certification for Class 3 EV Commercial Vehicles received on Sept. 22, 2023. Class 3 vehicle production began in August 2023 with the first vehicles rolling off the assembly line on Aug. 21, 2023.

In addition, the Mullen Class 3 EV Cab Chassis Truck has completed all required testing requirements for Federal Motor Vehicle Safety Standards (“FMVSS”) and compliance. With EPA certification in-hand and FMVSS compliance, Mullen can now begin shipments of Class 3 EVs for customer deliveries.

Mullen previously announced on May 2, 2023, a Class 3 vehicle order with Randy Marion Automotive (“RMA”) for 1,000 all-electric cab chassis trucks valued at $63 million. In addition, it was announced on May 11, 2023, that MGT Lease Company (“MGT”), a national fleet leasing provider, will purchase 250 Class 3 EV cab chassis trucks under a contract valued at $15.7 million. On Aug. 28, 2023, Mullen also received an order for Class 3 EV trucks from NRTC Automation Group.

“I am extremely proud of this important milestone and, now with EPA certification and FMVSS in-hand, we are planning to begin Class 3 deliveries this week. Mullen is fully committed to our vision and plan and is focusing in now on deliveries to our customers,” said David Michery, CEO and chairman of Mullen Automotive.

The Mullen THREE is an efficient Class 3 low cab forward EV truck featuring a tight turning diameter of 38 feet and excellent visibility for superior maneuverability on narrow city streets. This versatile chassis provides a clean top-of-rail for easy upfitting with bodies up to 14 feet long and over 5,800 pounds of payload. In addition, the design of the LCF chassis allows more cargo volume within a given overall length.

Mullen THREE Vehicle Highlights:

●	130-mile<br> estimated range
●	11,000<br> lbs. GVWR
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●	5,802<br> lbs. max payload
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●	14<br> ft. max box length
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●	38<br> ft. turning diameter
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View full vehicle specifications for the Mullen THREE here.

For further details on EPA certification, including 8-K filling, please visit MullenUSA.com.

About Mullen

Mullen Automotive (NASDAQ: MULN) is a Southern California-based automotive company building the next generation of electric vehicles (“EVs”) that will be manufactured in its two United States-based assembly plants. Mullen’s EV development portfolio includes the Mullen FIVE EV Crossover, Mullen-GO Commercial Urban Delivery EV, Mullen Commercial Class 1-3 EVs and Bollinger Motors, which features both the B1 and B2 electric SUV trucks and Class 4-6 commercial offerings. On Sept. 7, 2022, Bollinger Motors became a majority-owned EV truck company of Mullen Automotive, and on Dec. 1, 2022, Mullen closed on the acquisition of Electric Last Mile Solutions’ (“ELMS”) assets, including all IP and a 650,000-square-foot plant in Mishawaka, Indiana.

To learn more about the Company, visit www.MullenUSA.com.

Forward-Looking Statements

Certain statements in this press release that are not historical facts are forward-looking statements within the meaning of Section 27A of the Securities Exchange Act of 1934, as amended. Any statements contained in this press release that are not statements of historical fact may be deemed forward-looking statements. Words such as “continue,” “will,” “may,” “could,” “should,” “expect,” “expected,” “plans,” “intend,” “anticipate,” “believe,” “estimate,” “predict,” “potential” and similar expressions are intended to identify such forward-looking statements. All forward-looking statements involve significant risks and uncertainties that could cause actual results to differ materially from those expressed or implied in the forward-looking statements, many of which are generally outside the control of Mullen and are difficult to predict. Examples of such risks and uncertainties include but are not limited to the timing of delivery and order completion of the Class 3 vehicles and whether the Class 3 will be a success. Additional factors that could cause actual results to differ materially from those expressed or implied in the forward-looking statements can be found in the most recent annual report on Form 10-K, quarterly reports on Form 10-Q and current reports on Form 8-K filed by Mullen with the Securities and Exchange Commission. Mullen anticipates that subsequent events and developments may cause its plans, intentions and expectations to change. Mullen assumes no obligation, and it specifically disclaims any intention or obligation, to update any forward-looking statements, whether as a result of new information, future events or otherwise, except as expressly required by law. Forward-looking statements speak only as of the date they are made and should not be relied upon as representing Mullen’s plans and expectations as of any subsequent date.

Contact:

Mullen Automotive, Inc.

+1 (714) 613-1900

www.MullenUSA.com

Corporate Communications:

InvestorBrandNetwork (IBN)

Los Angeles, California

www.InvestorBrandNetwork.com

310.299.1717 Office

Editor@InvestorBrandNetwork.com