WARRANT AGREEMENT between Ascent Solar Technologies, Inc. and Computershare Trust Company, Inc. Dated as of , 2006Warrant Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Delaware
This Agreement, dated as of , 2006, is between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company") and Computershare Trust Company, Inc., a Colorado corporation, (the "Warrant Agent").
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND IS NOT TRANSFERABLE EXCEPT AS PROVIDED HEREIN Ascent Solar Technologies, Inc. PURCHASE WARRANT Issued to: PAULSON INVESTMENT COMPANY, INC. Exercisable to Purchase Units of...Purchase Warrant • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Oregon
This is to certify that, for value received and subject to the terms and conditions set forth below, the Warrantholder (hereinafter defined) is entitled to purchase, and the Company promises and agrees to sell and issue to the Warrantholder, at any time on or after , 2006 and on or before , 2011, up to Units (hereinafter defined) at the Exercise Price (hereinafter defined).
Ascent Solar Technologies, Inc. UNDERWRITING AGREEMENT dated [ ], 2006 Paulson Investment Company, Inc.Underwriting Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • New York
Introductory. Ascent Solar Technologies, Inc., a Delaware corporation (the "Company") proposes to issue and sell to the several underwriters named in Schedule A (the "Underwriters") an aggregate of [ ] Units, each Unit consisting of (i) one share of the Company's common stock ("Common Stock"), (ii) one Class A warrant to purchase one share of Common Stock (each a "Class A Warrant and, collectively, the Class A Warrants"), and (iii) two Class B warrants, each to purchase one share of Common Stock (each a "Class B Warrant, collectively, the Class B Warrants" and, together with the Class A Warrants, the "Warrants"). The Warrants are to be issued under the terms of a Warrant Agreement (the "Warrant Agreement") by and between the Company and [ ], as warrant agent (the "Warrant Agent"), substantially in the form most recently filed as an exhibit to the Registration Statement (hereinafter defined). The [ ] Units to be sold by the Company are collectively called the "Firm Units". In addition,
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Colorado
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of December 8, 2005 (the "Effective Date"), by and between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and Joseph Armstrong (the "Executive").
MANUFACTURING LINE AGREEMENTManufacturing Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Colorado
This Manufacturing Line Agreement is entered into as of January 17, 2006, between Ascent Solar Technologies, Inc., a Delaware corporation ("AST"), and ITN Energy Systems, Inc., a Colorado corporation ("ITN").
LICENSE AGREEMENTLicense Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Colorado
This License Agreement is entered into as of January 17, 2006, between ITN ENERGY SYSTEMS, INC., a Colorado corporation having its principal place of business in Littleton, Colorado, hereinafter referred to as "Licensor," and ASCENT SOLAR TECHNOLOGIES, INC., a Delaware corporation having its principal place of business in Littleton, Colorado, hereinafter referred to as "Licensee."
ASCENT SOLAR TECHNOLOGIES, INC. SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Delaware
This Securities Purchase Agreement (the "Agreement") is made as of the 17th day of January, 2006, by and between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company," or "Ascent"), and ITN Energy Systems, Inc., a Colorado corporation ("Purchaser," or "ITN").
SUBLEASE AGREEMENTSublease Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Colorado
THIS SUBLEASE AGREEMENT ("this Sublease") is made effective as of the 1st day of November, 2005 ("Effective Date"), by and between ITN Energy Systems, Inc., a Colorado corporation ("Sublessor"), and Ascent Solar Technologies, Inc., a Delaware corporation ("Sublessee").
SERVICE CENTER AGREEMENTService Center Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Colorado
THIS SERVICE CENTER AGREEMENT is entered into as of January 17, 2006, between ITN ENERGY SYSTEMS, INC., a Colorado corporation ("ITN"), and ASCENT SOLAR TECHNOLOGIES, INC., a Delaware corporation ("AST").
ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Colorado
This Administrative Services Agreement (this "Agreement") is entered into as of January 17, 2006, between ITN Energy Systems, Inc., a Colorado corporation ("ITN"), and Ascent Solar Technologies, Inc., a Delaware corporation ("AST").
ASCENT SOLAR TECHNOLOGIES, INC. BRIDGE UNIT PURCHASE AND INVESTOR SUBSCRIPTION AGREEMENTBridge Unit Purchase and Investor Subscription Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc. • Oregon
THIS BRIDGE UNIT PURCHASE AND INVESTOR SUBSCRIPTION AGREEMENT (the "Subscription Agreement") is dated as of December 19, 2005 between Ascent Solar Technologies, Inc., a Delaware corporation, (the "Company") and the person whose signature appears below as an Investor (the "Investor" and, together with persons so executing similar agreements, the "Investors").
Amendment No. 1 to Bridge Unit Purchase and Investor Subscription AgreementBridge Unit Purchase and Investor Subscription Agreement • January 23rd, 2006 • Ascent Solar Technologies, Inc.
Capitalized terms used herein and not otherwise defined have the meanings given them in the Bridge Unit Purchase and Investor Subscription Agreement dated as of December 19, 2005 (the "Agreement") between Ascent Solar Technologies, Inc., a Delaware corporation (the "Company"), and the investors named on the signature pages to the Agreement (the "Investors").
