ZERO COUPON SECURED SUBORDINATED CONVERTIBLE NOTE DUE AUGUST 31, 2012ZBB Energy Corp • May 2nd, 2012 • Electric services • New York
THIS ZERO COUPON SECURED SUBORDINATED CONVERTIBLE NOTE is one of a series of duly authorized and validly issued Zero Coupon Secured Subordinated Convertible Notes of ZBB Energy Corporation, a Wisconsin corporation (the “Company”), having its principal place of business at N93 W14475 Whittaker Way, Menomonee Falls, WI 53051 (this Note, the “Note” and, collectively with the other Notes of such series, the “Notes”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 2nd, 2012 • ZBB Energy Corp • Electric services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of May 1, 2012, between ZBB Energy Corporation, a Wisconsin corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
ContractZBB Energy Corp • May 2nd, 2012 • Electric services
THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE SHARES ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT OR APPLICABLE EXEMPTION OR SAFE HARBOR PROVISION.
SECURITY AGREEMENTSecurity Agreement • May 2nd, 2012 • ZBB Energy Corp • Electric services • New York
This Security Agreement, dated as of __________, 2012 (this “Agreement”), is among ZBB Energy Corporation, a Wisconsin corporation (the “Company”), Tier Electronics LLC, a Wisconsin limited liability company (together with the Company, the “Grantors”), and the holders of Notes (defined below) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
