SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 29th, 2014 • Kandi Technologies Group, Inc. • Motor vehicles & passenger car bodies • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of August 29, 2014, is by and among Kandi Technologies Group, Inc., a Delaware corporation with headquarters located at Jinhua City Industrial Zone, Jinhua, Zhejiang Province, People’s Republic of China, Post Code 321016 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
EXECUTION VERSION [FORM OF WARRANT] KANDI TECHNOLOGIES GROUP, INC. WARRANT TO PURCHASE COMMON STOCKWarrant to Purchase Common Stock • August 29th, 2014 • Kandi Technologies Group, Inc. • Motor vehicles & passenger car bodies • New York
Kandi Technologies Group, Inc., a Delaware corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [BUYERS], 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 exercise 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 Issuance Date, but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), (subject to adjustment as provided herein) fully paid and non-assessable 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 17. This Warrant is one of
August 11, 2014Exclusive Placement Agent Agreement • August 29th, 2014 • Kandi Technologies Group, Inc. • Motor vehicles & passenger car bodies • Georgia
This Agreement shall become effective upon the date it is signed by the Company (the “Effective Date”). The terms of such Placement(s) and the Securities shall be mutually agreed upon by the Company and the investors (each, an “Investor” and collectively, the “Investors”) and nothing herein enables the Placement Agent to bind the Company or any Investor. This Agreement and the documents executed and delivered by the Company and the Investors in connection with the Placement(s) shall be collectively referred to herein as the “Transaction Documents.” The date of each of the closings of the Placement(s) shall be referred to herein as the “Closing Date.” The Company expressly acknowledges and agrees that the Placement Agent’s obligations hereunder are on a reasonable “best efforts” basis only and that the execution of this Agreement does not constitute a commitment by the Placement Agent to purchase or to sell any Securities and does not ensure the successful placement of any Securities or
