LANDLORD:Lease Agreement • July 28th, 1997 • Tamboril Cigar Co • Tobacco products • Florida
EXHIBIT 4.1 CONVERTIBLE DEBENTURE AND CONVERTIBLE PREFERRED STOCK PURCHASE AGREEMENTStock Purchase Agreement • October 1st, 1997 • Tamboril Cigar Co • Tobacco products • New York
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 5th, 2015 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 4, 2015, is by and among Axion Power International, Inc., a Delaware corporation with offices located at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
WITNESSETH: -----------Distribution Agreement • July 28th, 1997 • Tamboril Cigar Co • Tobacco products • Florida
COMMON STOCK PURCHASE WARRANT AXION POWER INTERNATIONAL, INC.Axion Power International, Inc. • September 15th, 2014 • Miscellaneous electrical machinery, equipment & supplies • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Maxim Partners LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date that is 180 days from the effective date of the Registration Statement (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the effective date of the Registration Statement (the “Termination Date”) but not thereafter, to subscribe for and purchase from Axion Power International, Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock, par value $0.005 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 20th, 2015 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 5, 2015, is by and among Axion Power International, Inc., a Delaware corporation with offices located at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
Exhibit 2.3Reorganization Agreement • January 15th, 2004 • Tamboril Cigar Co • Tobacco products
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 24th, 2009 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of this 18th day of December, 2009 by and among Axion Power International, Inc., a Delaware corporation (the “Company”), and the “Investors” named in that certain Purchase Agreement by and among the Company and the Investors (the “Purchase Agreement”). Capitalized terms used herein have the respective meanings ascribed thereto in the Purchase Agreement unless otherwise defined herein.
PURCHASE AGREEMENTPurchase Agreement • December 24th, 2009 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS PURCHASE AGREEMENT (“Agreement”) is made as of the 18th day of December, 2009 by and among Axion Power International, Inc., a Delaware corporation (the “Company”), and the Investors set forth on the signature pages affixed hereto (each an “Investor” and collectively the “Investors”).
AXION POWER INTERNATIONAL, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • September 15th, 2014 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
Axion Power International, Inc., a Delaware corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule A hereto (collectively, the “Underwriters”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of _______ shares (the “Firm Shares”) of common stock, par value $.005 per share, of the Company (the “Common Stock”), together with warrants to purchase an aggregate of _______ shares of Common Stock at an exercise price equal to $_______ per share (each a “Firm Warrant” and collectively, the “Firm Warrants”). Each Firm Share shall be accompanied by a Firm Warrant to purchase one additional share of Common Stock.
AXION POWER INTERNATIONAL, INC. Securities Purchase AgreementSecurities Purchase Agreement • July 3rd, 2008 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
This Securities Purchase Agreement (this“Agreement”) is dated as of January 14, 2008, by and between Axion Power International, Inc., a Delaware corporation (the“Company”), and The Quercus Trust (the“Investor”).
WARRANT AGREEMENT Axion Power International, Inc. and Continental Stock Transfer and Trust Company, as Warrant Agent WARRANT AGREEMENTWarrant Agreement • October 29th, 2014 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS WARRANT AGREEMENT (this “Agreement”), dated as of October 24 , 2014, is by and between Axion Power International, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer and Trust Company , a , as Warrant Agent (the “Warrant Agent ”).
RECITALSAcquisition Agreement And • May 15th, 1997 • Tamboril Cigar Co
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 17th, 2006 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Ontario
This Executive Employment Agreement is entered into this ___ day of September 2005 and effective as of September , 2005, between Axion Power International, Inc., a Delaware corporation, having a place of business at 100 Caster Avenue, Woodbridge, Ontario Canada (the “Company”) and Edward Buiel of <City>, <State>, (the “Executive”).
FORM OF WARRANT AGREEMENT FOR 667,000 SERIES I INVESTOR WARRANTS TAMBORIL CIGAR COMPANY COMMON STOCK PURCHASE WARRANTS CERTIFICATE NUMBER IW-I-____ ISSUED TO: ______________ (the "Warrantholder") This warrant is exercisable to purchase ____________...Warrant Agreement • September 2nd, 2004 • Axion Power International, Inc. • Tobacco products • Ontario
This is to certify that, for value received and subject to the terms and conditions set forth below, the Warrantholder is entitled to purchase, and the Company promises and agrees to sell and issue to the Warrantholder, at any time on or after January 1, 2004 and on or before December 31, 2004 up to _________ shares of the Common Stock of the Company, adjusted as provided for herein.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 8th, 2013 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of May 7, 2013, is by and among Axion Power International, Inc., a Delaware corporation with offices located at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the ”Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 6th, 2010 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
The Executive Employment Agreement is entered into this 29th day of June, 2010 between Axion Power International, Inc., a Delaware corporation, having a place of business at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the "Company") and Thomas Granville, of 329 Edgebrook Lane, New Wilmington, Pennsylvania 16105 (the “Executive”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 1st, 2012 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
Axion Power International, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Placement Agency Agreement (this “Agreement”) and the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreements”) entered into with the investors identified therein (each, an “Investor” and collectively, the “Investors”), to issue and sell for an aggregate of minimum gross consideration of $8,000,000 and an aggregate gross maximum consideration of $10,000,000, shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), (such Shares sold hereunder are hereby referred to as the “Securities”). The Securities are more fully described in the Registration Statement (as defined herein). This is to confirm the agreement between the Company and Philadelphia Brokerage Corporation (“PBC”) and Emerging Growth Equities, Ltd. (“EGE”; each of PBC and EGE is individually referred to as a “Pl
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Agreement • November 10th, 2014 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
The Employment Agreement is entered into and effective this 1st day of November, 2014, between Axion Power International, Inc., a Delaware corporation, having a place of business at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the "Company") and Charles Trego, having an address of 6945 Silverton Glenn, Victor, New York 14564 (the “Executive”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 20th, 2015 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 4, 2015, is by and among Axion Power International, Inc., a Delaware corporation with offices located at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
RECITALSDevelopment and License Agreement • January 15th, 2004 • Tamboril Cigar Co • Tobacco products • Ontario
SECURITY AGREEMENTSecurity Agreement • February 16th, 2006 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • September 9th, 2016 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
The Employment Agreement is entered into this 2nd day of September, 2016 (effective September 1, 2016) between Axion Power International, Inc., a Delaware corporation, having a place of business at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the "Company") and Richard Bogan, residing at 21465 Avalon Court, Tilghman, MD 21671 (the “Executive”).
FORM OF SECURITIES PURCHASE AGREEMENT]Form of Securities Purchase Agreement • August 7th, 2015 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August [__], 2015, by and among Axion Power International, Inc., a Delaware corporation, with headquarters located at 3601 Clover Lane, New Castle, PA 16105 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
SETTLEMENT AGREEMENTSettlement Agreement • December 13th, 2005 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Nevada
This Settlement Agreement (“Agreement”), which is subject to the Bankruptcy Court approvals hereinafter set forth, is made this _____ day of December, 2005, by and between: (a) Mega-C Power Corporation, a Nevada corporation (“Mega-C” or “Debtor”) by William M. Noall (“Noall”), the duly appointed and acting Chapter 11 Trustee (“Trustee”); (b) Mega-C’s subsidiary, Mega-C Corporation, an Ontario corporation (“Mega-C Ontario”); (c) Axion Power International Inc., a Delaware corporation, fka Tamboril Cigar Company (“Axion”); (d) Axion’s wholly owned subsidiary, Axion Power Corporation, a Canadian federal corporation (“Axion Ontario”); (e) Axion’s wholly owned subsidiary, C and T Co. Inc., an Ontario corporation (“C & T”); (f) Robert Averill, Joe Piccirilli, The Canadian Consultants Bureau Inc., James Smith, James Eagan, Tom Granville (“Granville”), Joe Souccar, HAP Investments, LLC, Paul Bancroft (collectively, the “Lenders”) Glenn Patterson, Igor Filipenko, Ron Bibace and Kirk Tierney (col
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 15th, 2013 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
The Employment Agreement is entered into this 25th day of March, 2013 and effective April 1, 2013 between Axion Power International, Inc., a Delaware corporation, having a place of business at 3601 Clover Lane, New Castle, Pennsylvania 16105 (the "Company") and Charles R. Trego 2018 Bishop Woods Court, Poland, OH 44514, (the “Executive”).
LEASE AGREEMENTLease Agreement • March 30th, 2010 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
WHEREAS, Lessor is the owner of certain property located in the Township of Neshannock, Lawrence County, Pennsylvania, as more fully described on Exhibit A hereto (the "Property"); and
AXION POWER INTERNATIONAL, INC. - and - Andrew Carr Conway, Jr. (the "Consultant") dba Conway Enterprises, LLC,Consulting Agreement • November 6th, 2007 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
This Executive Employment Agreement is entered into this 31th day of August 2007 between Axion Power International, Inc., a Delaware corporation, having a place of business at 3601 Clover Lane, New Castle Pennsylvania and Andrew Carr Conway, Jr. (the "Executive").
AMENDMENT NO. 3 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 4th, 2010 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Amendment No. 3 to Securities Purchase Agreement (“Amendment No. 3”) dated as of September 30, 2010, is made by and between Axion Power International, Inc., a Delaware corporation (the “Company”) and The Quercus Trust ( “Quercus”).
ESCROW AGREEMENTEscrow Agreement • February 16th, 2006 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
This Escrow Agreement (the “Agreement”) is made and entered into as of the ___ day of February, 2006, by and among Axion Battery Products, Inc. ("Axion") and National City Bank of Pennsylvania ("Bank", and together with Axion, the "Parties") and William E. Kelleher, Jr. and James D. Newell (collectively, "Agents").
AMENDED AND RESTATED AMENDMENT TO WARRANT AGREEMENT Axion Power International, Inc. and Continental Stock Transfer and Trust Company, as Warrant Agent AMENDMENT TO WARRANT AGREEMENTWarrant Agreement • June 17th, 2015 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDED AND RESTATED AMENDMENT (this “Amendment”), dated as of June __, 2015, to the Warrant Agreement (the “Agreement”), originally dated October 23, 2014 and the Amendment to the Agreement dated on or about May 14, 2015 (the "Original Amendment"), is entered into by and among Axion Power International, Inc., a Delaware corporation (the “Company”), the Holder set forth on the signature page and Continental Stock Transfer and Trust Company, as Warrant Agent (the “Warrant Agent”). All capitalized terms used and not defined herein are used as defined in the Agreement.
FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • February 1st, 2012 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
FORM OF NOTE AMENDMENTNote Amendment • January 3rd, 2014 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Note Amendment (the “Amendment”) is dated as of this 2nd day of January, 2014 by and between Axion Power International, Inc., as Borrower (the “Company”) and ______, as Lender (the “Lender”).
AMENDMENT TO WARRANT AGREEMENT Axion Power International, Inc. and Continental Stock Transfer and Trust Company, as Warrant Agent AMENDMENT TO WARRANT AGREEMENTWarrant Agreement • May 14th, 2015 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS AMENDMENT (this “Amendment”), dated as of May __, 2015, to the Warrant Agreement (the “Agreement”), originally dated October 23, 2014, is entered into by and between Axion Power International, Inc., a Delaware corporation (the “Company”), and Continental Stock Transfer and Trust Company, a , as Warrant Agent (the “Warrant Agent”). All capitalized terms used and not defined herein are used as defined in the Agreement.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • February 16th, 2006 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 10th day of February, 2006 (the “Effective Date”), by and between National City Bank of Pennsylvania, a national banking association (“Seller”), and Axion Battery Products, Inc., a Pennsylvania corporation (“Buyer”).
