SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 12th, 2008 • Advanced Battery Technologies, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 11, 2008, between Advanced Battery Technologies, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
SERIES B UNIT PURCHASE WARRANT ADVANCED BATTERY TECHNOLOGIES, INC.Advanced Battery Technologies, Inc. • August 12th, 2008 • Miscellaneous electrical machinery, equipment & supplies
THIS SERIES B UNIT PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (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 Issue Date (the “Initial Exercise Date”) and on or prior to 6:00 p.m. eastern time on August 15, 2008 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Advanced Battery Technologies, a Delaware corporation (the “Company”), up to ______ Units each such Unit consisting of one share of Common Stock (the “Warrant Shares”) and 0.45 Series A Common Stock Purchase Warrants, which such Series A Warrant shall have an exercise price equal to the higher of $5.51 or the closing bid price on the Trading Market on the Trading Day immediately prior to the date of exercise of this Warrant. The purchase price of one Unit shall be equal to the Exercise Price, as defined in Section 2(b).
