RECITALS WHEREAS, Electrosource and Mitsui, on or about July 7, 1994, entered into that certain Distributorship Agreement, as amended August 25, 1994 and March 23, 1995 (hereinafter referred to as the "Distributorship Agreement"), and Electrosource...Termination Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research
EXHIBIT 10.1 August 21, 1998 Mr. James M. Rosel VIA HAND DELIVERY 1507 Falcon Ledge Austin, Texas 78746 Dear Jim: This letter confirms our discussions and the agreement made between you and Electrosource, Inc. ("ELSI") regarding your resignation from...Separation Agreement • November 16th, 1998 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Texas
Kemp, Bill 5,000 5.25 Phillips, James R., Jr. 8,500 5.25 SECURITIES SUBSCRIPTION AGREEMENT THE OFFERING OF SECURITIES OF ELECTROSOURCE, INC. HEREUNDER HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), IN...Subscription Agreement • April 23rd, 1997 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies
ELECTROSOURCE, INC. CONSULTING AGREEMENT Wilburn B. Laubach THIS CONSULTING AGREEMENT (the "Agreement"), made effective the 15th day of July 1999, is between ELECTROSOURCE, INC. ("Electrosource"), a Delaware corporation, having its principal offices...Consulting Agreement • November 15th, 1999 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Texas
CONSULTING AGREEMENT This Consulting Agreement (the "Agreement"), effective as of September 1, 1995 is entered into by and between ELECTROSOURCE, INC, Delaware corporation (herein referred to as the "Company") and LIVIAKIS FINANCIAL COMMUNICATIONS,...Consulting Agreement • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research • California
EXHIBIT 10.65 MASTER LEASE AGREEMENT FOR EQUIPMENT THIS AGREEMENT dated September 7, 1995, between SALEM CAPITAL CORPORATION, having its principal place of business at 482 Lowell Street, Lynnfield, Massachusetts 01940-1621 ("Lessor") and...Master Lease Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research • Massachusetts
ELECTROSOURCE, INC. CONSULTING AGREEMENT 96-C-093 THIS CONSULTING AGREEMENT (the "Agreement"), made effective the 1st day of September, 1996, is between ELECTROSOURCE, INC. ("Electrosource"), a Delaware corporation, having its principal offices at...Consulting Agreement • November 14th, 1996 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Texas
EXHIBIT 10.68 DEVELOPMENT AGREEMENT AND AGREEMENT FOR PURCHASE OF MACHINERY AND SUPPLIES This Agreement is made this 1st day of November, 1995 by and between Electrosource, Inc. ("ELSI") and Charles L. Mathews ("Contractor"). Whereas, ELSI produces...Development Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research • Texas
EXHIBIT 10.115 ELECTROSOURCE, INC. CONSULTING AGREEMENT 95-C-075 THIS CONSULTING AGREEMENT (the "Agreement"), made effective the 1st day of August, 1995, is between Electrosource, Inc., a Delaware corporation, having principal offices at 3800-B...Consulting Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research • Texas
EXHIBIT 10.14 SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN AETNA LIFE INSURANCE COMPANY, AS LANDLORD, AND ELECTROSOURCE, INC., AS TENANT To be attached to and form a part of Lease made the 3rd day of February, 1992 (which together with any amendments,...Lease Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research
OFFSHORE SECURITIES SUBSCRIPTION AGREEMENT Electrosource, Inc./Buyer October 10, 1995 THE SECURITIES OFFERED HEREBY HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED, AND THE RULES AND REGULATIONS...Offshore Securities Subscription Agreement • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research • New York
EXHIBIT 10.71 JOINT DEVELOPMENT AGREEMENT BETWEEN ELECTROSOURCE, INC. AND BLACK & DECKER (U.S.) INC. JOINT DEVELOPMENT ARTICLE I - DEFINITIONS 1.1 "BATTERY" 1 1.2 "BATTERY TECHNOLOGY 1 1.3 "EPRI TECHNOLOGY" 1 1.4 "MOWER" 1 1.5 "OUTDOOR PRODUCTS" 1 1.6...Joint Development Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research • Maryland
8% CONVERTIBLE DEBENTURE DUE November 9, 1997 $_______ November 10,1995 Number ________Convertible Debenture Agreement • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research • New York
EXHIBIT 10.117 CONSULTING AGREEMENTConsulting Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research • Texas
ALLY CAPITAL CORPORATION Equipment Lease Agreement THIS EQUIPMENT LEASE AGREEMENT is made as of the 6th day of April, 1995 by and between ALLY CAPITAL CORPORATION ("Lessor") and ELECTROSOURCE, INC. ("Lessee"). All of the defined terms and rules of...Equipment Lease Agreement • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research
RECITALSStock Purchase Agreement • June 11th, 1998 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
EXHIBIT 10.103 AGREEMENT The undersigned parties agree as follows:Payment Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research
EXHIBIT 10.47 DIRECTOR INDEMNIFICATION AGREEMENT THIS AGREEMENT is made this 16th day of August, 1999, between ELECTROSOURCE, INC., a Delaware corporation ("Corporation") and Benny E. Jay ("Director"). WITNESSETH: WHEREAS, Director is a member of the...Director Indemnification Agreement • April 3rd, 2000 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
EXHIBIT 10.113 SEPARATION, RELEASE AND INDEMNITY AGREEMENT This Separation, Release and Indemnity Agreement (this "Agreement") is made as of the dates executed below, to be effective eight (8) working days after notarized signatures as provided below,...Separation, Release and Indemnity Agreement • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research • Texas
NOTE PURCHASE AND OPTION AGREEMENT This Note Purchase and Option Agreement (the OAgreementO) is made and entered into as of March 27, 1997, by and among Electrosource, Inc., a Delaware corporation (the OCompanyO), and Corning Incorporated, a...Note Purchase and Option Agreement • May 15th, 1997 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
EXHIBIT 4.11 April 10, 1997 Mr. Steve Pickens VIA: Fax (415-331-1212) Ally Capital Corporation Marina Plaza 2330 Marinship Way, Suite 300 Sausalito, California 94965-2853 Re: Prepayment of Lease Dear Steve: In accordance with the letter agreement...Prepayment of Lease • April 18th, 1997 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies
In accordance with the letter agreement dated December 18, 1996 between Ally and Electrosource, as amended by letter agreement dated January 20, 1997, Ally and Electrosource hereby agree to adjust the number of shares issued to Ally on behalf of the Lessors to 127,500 shares. The adjustment is to reflect the subsequent lease payments made to reduce the indebtedness since December. We will continue payments per our agreement until the obligation is satisfied.
EXHIBIT 4.10 January 20, 1997 Mr. Steve Pickens VIA: Fax (415-331-1212) Ally Capital Corporation 2330 Marinship Way, Suite 300 Sausalito, California 94965 RE: Prepayment of Equipment Lease Dear Steve: With respect to our letter agreement of December...Prepayment of Equipment Lease • April 18th, 1997 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies
With respect to our letter agreement of December 18, 1996 ("Agreement") for prepayment of the Equipment Lease, please sign where indicated below to evidence Ally's agreement, on behalf of the Lessors, that it will not dispose of Electrosource common stock in a fashion that will result in a credit of less than $1.00 per share, and that if the stock price drops to $1.00 or less, the Agreement shall automatically be rescinded and the stock returned to Electrosource. Electrosource will, under such circumstances, remain responsible for all balances due under the lease agreement and the letter agreement of December 18, 1996 that may remain at such time as whatever stock remains unsold is returned. This is necessary because Electrosource's par value per share of stock is $1.00 and the Company must receive at least that much in value for the shares to be fully paid and non-assessable. The current market price is approximately $5.12 per share.
RecitalsAgreement for Aircraft Starting Battery Distribution • March 29th, 1996 • Electrosource Inc • Services-commercial physical & biological research
AMENDMENT NUMBER ONE TO STOCK PURCHASE WARRANT To Purchase Shares of Common Stock of ELECTROSOURCE, INC. Expiring January 23, 1999 August 18, 1998 No. ___________ Warrant to Purchase _________ shares of Common Stock As of January 23, 1997, the...Stock Purchase Warrant • November 16th, 1998 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies
AMENDMENT TO THE BUSINESS ALLIANCE AND LICENSE AGREEMENT This Amendment (the "Amendment") to the Business Alliance and License Agreement dated September 1, 1993 by and between Electrosource, Inc. ("Electrosource") and Electric Power Research Institute...Business Alliance and License Agreement • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research
OPTION AGREEMENT THIS OPTION HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR UNDER THE SECURITIES LAWS OF ANY STATE ("BLUE SKY LAWS"), AND MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION...Option Agreement • November 15th, 1999 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
OFFSHORE CONVERTIBLE SECURITIES SUBSCRIPTION AGREEMENT Electrosource, Inc./Buyer November _, 1995 THE SECURITIES OFFERED HEREBY HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED, AND THE RULES AND...Offshore Convertible Securities Subscription Agreement • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research • New York
ENVIRONMENTAL RIDER RIDER NO. 01 This Rider is a part of that certain Equipment Lease Agreement dated as of April 6, 1995 (the "Lease") between ALLY CAPITAL CORPORATION ("Lessor") and ELECTROSOURCE, INC. ("Lessee"). In addition to and without limiting...Environmental Rider • November 14th, 1995 • Electrosource Inc • Services-commercial physical & biological research
RECITALSRegistration Rights Agreement • June 11th, 1998 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Delaware
January 20, 1997 Mr. Steve Pickens VIA: FAX (415-331-1212) Ally Capital Corporation 2330 Marinship Way, Suite 300 Sausalito, California 94965 RE: Prepayment of Equipment Lease Dear Steve: With respect to our letter agreement of December 18, 1996...Prepayment of Equipment Lease • January 21st, 1997 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies
With respect to our letter agreement of December 18, 1996 ("Agreement") for prepayment of the Equipment Lease, please sign where indicated below to evidence Ally's agreement, on behalf of the Lessors, that it will not dispose of Electrosource common stock in a fashion that will result in a credit of less than $1.00 per share, and that if the stock price drops to $1.00 or less, the Agreement shall automatically be rescinded and the stock returned to Electrosource. Electrosource will, under such circumstances remain responsible for all balances due under the Lease Agreement and the Letter Agreement of December 18, 1996 that may remain at such time as whatever stock remains unsold is returned. This is necessary because Electrosource's par value per share of stock is $1.00 and the Company must receive at least that much in value for the shares to be fully paid and non-assessable. The current market price is approximately $5.12 per share.
CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the "Agreement"), made effective the 31st day of July, 2000, is between ELECTROSOURCE, INC. ("Electrosource"), a Delaware corporation, having its principal offices at 2809 Interstate 35 South, San...Consulting Agreement • November 13th, 2000 • Electrosource Inc • Miscellaneous electrical machinery, equipment & supplies • Texas
