CONSULTING AGREEMENT THIS AGREEMENT is entered into as of the 4th day of October, 1996, among Boca Research, Inc., a Florida corporation (the "Company"), ARGOQUEST, Inc., a California corporation (the "Consultant") and Jason Barzilay, the sole...Consulting Agreement • October 15th, 1996 • Boca Research Inc • Telephone & telegraph apparatus • Florida
RECITALSEscrow Agreement • January 18th, 2002 • Inprimis Inc • Telephone & telegraph apparatus • Florida
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 16th, 1998 • Boca Research Inc • Telephone & telegraph apparatus • Arizona
1 SECOND AMENDED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • November 14th, 1996 • Boca Research Inc • Telephone & telegraph apparatus • Florida
RECITALSEmployment Agreement • November 14th, 2003 • Ener1 Inc • Telephone & telegraph apparatus • Florida
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • September 27th, 1999 • Boca Research Inc • Telephone & telegraph apparatus • Florida
EXHIBIT 2.1 ASSET PURCHASE AGREEMENT FOR THE ASSETS OF Global Village Communication, Inc. by Boca Global, Inc. March 31, 1998 TABLE OF CONTENTSAsset Purchase Agreement • July 6th, 1998 • Boca Research Inc • Telephone & telegraph apparatus • Delaware
MASTER AGREEMENT This Master Agreement (this "Agreement") is dated as of the 25th day of July, 2003, by and between ITOCHU Corporation, a Japanese kabushiki kaisha ("ITOCHU"), and ENER1, Inc., a U.S., Florida corporation ("ENERl"). Each of ITOCHU and...Master Agreement • November 14th, 2003 • Ener1 Inc • Telephone & telegraph apparatus
SHAREHOLDERS AGREEMENT This Shareholders Agreement (this "Agreement") is dated as of the 25th day of July, 2003, by and between ITOCHU Corporation, a Japanese kabushiki kaisha ("ITOCHU"), and ENER1, Inc., a U.S., Florida corporation ("ENER1" and...Shareholder Agreement • November 14th, 2003 • Ener1 Inc • Telephone & telegraph apparatus
Ener1, Inc. Common Stock OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • January 25th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Ener1, Inc., a Florida corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies & Company, Inc., as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.01 per share (the “Common Shares”), having an aggregate offering price of up to $60,000,000 on the terms set forth in this agreement (this “Agreement”).
COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • August 4th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • Florida
COMMON STOCK PURCHASE AGREEMENT (the “Agreement”), dated as of August 3, 2011 by and between Ener1, INC., a Florida corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (the “Buyer”). Capitalized terms used herein and not otherwise defined herein are defined in Section 10 hereof.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 3rd, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of December 31, 2010, by and among Ener1, Inc., a Florida corporation, with headquarters located at 1540 Broadway, Suite 25C, New York, NY 10036 (the "Company"), and the investors listed on the Schedule of Buyers attached hereto (each, a "Buyer" and collectively, the "Buyers").
COMMON STOCK PURCHASE WARRANT ENER1 GROUP, INC.Security Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
EXHIBIT 10.20 COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • May 5th, 1999 • Boca Research Inc • Telephone & telegraph apparatus • Florida
COMMON STOCK SUBSCRIPTION AGREEMENT This Common Stock Subscription Agreement (this "Agreement") is made and entered into by and among: (1) EnerStruct, Inc., a kabushiki kaisha organized under the laws of Japan (the "Company"); (2) ENER1, Inc., a...Common Stock Subscription Agreement • November 14th, 2003 • Ener1 Inc • Telephone & telegraph apparatus
EXHIBIT 2Securities Purchase Agreement • January 18th, 2002 • Inprimis Inc • Telephone & telegraph apparatus • Florida
ENER1, INC. Warrant To Purchase Common StockWarrant to Purchase Common Stock • September 12th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Ener1, Inc., a Florida corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [_______________], the registered holder hereof or its permitted assigns (the "Holder"), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon surrender of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the "Warrant"), at any time or times on or after the date hereof, but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), [_________________] ([_________]) fully paid nonassessable shares of Common Stock (as defined below) (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Section 16. This Warrant is one of the Warrants to purchase
WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Warrant Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus
THIS CERTIFIES that ______________________ or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to __________ fully paid and nonassessable shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), subject to adjustment as provided herein, at a price per share equal to the Exercise Price (as defined below), at any time and from time to time beginning on the date on which this Warrant is issued (the “Issue Date”) and ending at 7:00 p.m., eastern time, on the date that is the fifth (5th) anniversary of the Issue Date (or, if such date is not a Business Day, on the first (1st) Business Day immediately following such date) (the “Expiration Date”). This Warrant is issued pursuant to a Securities Purchase Agreement, dated as of March 11, 2005 (the “Securities Purchase Agreement”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in th
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE OFFERED FOR SALE, SOLD OR TRANSFERRED...Warrant Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
THIS CERTIFIES that ENER1 GROUP, INC., or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to six hundred twelve thousand three hundred eighty four (612,384) fully paid and nonassessable shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), subject to adjustment as provided herein, at a price per share equal to the Exercise Price (as defined below), at any time and from time to time beginning on the date on which this Warrant was originally issued (the “Issue Date”) and ending at 5:00 p.m., eastern time, on the fifth (5th) anniversary of the Issue Date (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a Business Day, the Expiration Date shall be deemed to occur on the on the Business Day immediately following such date. This Warrant is issued pursuant to the terms of an Amendment Agreement, dated as of August 14, 2007 (the
SECTION 1 DEFINITIONSLicense and Royalty Agreement • November 14th, 2003 • Ener1 Inc • Telephone & telegraph apparatus • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 14, 2005, is entered into by and between ENER1, INC., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
EXHIBIT 10.1 SHARE DISPOSITION AGREEMENTShare Disposition Agreement • May 31st, 2000 • Boca Research Inc • Telephone & telegraph apparatus • Florida
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE OFFERED FOR SALE, SOLD OR TRANSFERRED...Warrant Agreement • June 30th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 4th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • Florida
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 3, 2011, by and between ENER1, INC., a Florida corporation (the “Company”), and ASPIRE CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Common Stock Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 11, 2005 (the “Execution Date”), by and between ENER1, INC., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
Employment AgreementEmployment Agreement • November 29th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • Florida
This Employment Agreement (“Agreement”) is made as of the 29th day of November, 2010, between Ener1, Inc., a Florida corporation (the “Company”), and Robert Kamischke (the “Executive”).
ContractWarrant Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
SUBSCRIPTION AND INVESTMENT AGREEMENT This Subscription and Investment Agreement (this "Agreement") is executed in reliance upon the transaction exemption afforded by Regulation S ("Regulation S"), promulgated by the Securities and Exchange Commission...Subscription and Investment Agreement • November 14th, 2003 • Ener1 Inc • Telephone & telegraph apparatus
ENER1, INC. TRANCHE BSenior Note Agreement • September 12th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
For value received, ENER1, INC., a Florida corporation (the “Company”), hereby promises to pay to the order of [________________] (together with its successors and assigns, the “Holder”), in accordance with the terms hereinafter provided, the principal amount of [______________________] AND 00/100 DOLLARS ($[_________]), together with interest thereon. This Note (this “Note”) is issued to the Holder pursuant to the Securities Purchase Agreement dated as of December 31, 2010 (the “December Purchase Agreement”), as amended by the Waiver, Amendment and Exchange Agreement, dated as of September 9, 2011 (the “Amendment”). The other Notes issued pursuant to the December Purchase Agreement and/or the Securities Purchase Agreement dated as of September 2, 2010 (the “September Purchase Agreement” and, together with the December Purchase Agreement, the “Purchase Agreements”), as amended by the Amendment, are referred to herein as the “Other Notes”, and the Other Notes together with this Note are
Ener1, Inc. Common Stock OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • May 26th, 2009 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
EXHIBIT B TO THE SECURITIES PURCHASE AGREEMENT REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • Florida
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 20, 2004, by and between ENER1, INC., a Florida corporation (the “Company”), and DELPHI AUTOMOTIVE SYSTEMS LLC, a Delaware limited liability company (“Investor”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 7th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECURITIES PURCHASE AGREEMENT, dated as of October 1, 2010 (this “Agreement”), is by and between ENER1, INC., a Florida corporation (the “Company”), and ENER1 GROUP, INC., a Florida corporation (the “Investor”).
SECURITIES INVESTMENT AND SUBSCRIPTION AGREEMENTSecurities Investment and Subscription Agreement • March 19th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
THIS SECURITIES INVESTMENT AND SUBSCRIPTION AGREEMENT, dated as of August , 2009 (this “Agreement”), is by and between Think Holdings AS, a Norwegian limited liability company, with corporate registration number 992 714 344 (the “Company”), and each of the parties whose names appear on the signature pages hereof. Such parties, and their permitted successors and assigns, all as identified on Exhibit A are each referred to herein as an “Investor” and, collectively, as the “Investors”.
September 12, 2011Line of Credit Agreement • September 20th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Reference is made to that certain Line of Credit Agreement dated June 29, 2011 (the “LOC Agreement”) by and between Ener1, Inc. (the “Company”) and Bzinfin S.A. (“Bzinfin”), whereby Bzinfin established a line of credit for the Company in the aggregate principal amount of US$15,000,000. All capitalized terms used in this Letter Agreement, but not otherwise defined herein, shall have the meanings ascribed to them in the LOC Agreement.
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • November 8th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This Separation Agreement and General Release (“Agreement”) is made by and between ENER1, INC. a Florida corporation (the “Company”) and JEFFREY SEIDEL (“Employee”) on the date(s) executed below. In exchange and in consideration for the promises and covenants herein, the parties agree as follows:
