18,000,000 Shares A123 SYSTEMS, INC. COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • April 6th, 2011 • A123 Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
The undersigned understands that Deutsche Bank Securities Inc. and Goldman, Sachs & Co. (together, the “Representatives”) propose to enter into two Underwriting Agreements (the “Underwriting Agreements”) with A123 Systems, Inc., a Delaware corporation (the “Company”), and certain stockholders of the Company, providing for concurrent public offerings (each a “Public Offering” and collectively, the “Public Offerings”) by the several Underwriters, including the Representatives (collectively, the “Underwriters”), of common stock, par value $0.001 per share, of the Company (the “Common Stock”) and convertible notes of the Company pursuant to a Registration Statement on Form S-3 to be filed with the Securities and Exchange Commission.
A123 SYSTEMS, INC. 3.75% CONVERTIBLE SUBORDINATED NOTES DUE 2016 UNDERWRITING AGREEMENTUnderwriting Agreement • April 6th, 2011 • A123 Systems, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
The undersigned understands that Deutsche Bank Securities Inc. and Goldman, Sachs & Co. (together, the “Representatives”) propose to enter into two Underwriting Agreements (the “Underwriting Agreements”) with A123 Systems, Inc., a Delaware corporation (the “Company”), and certain stockholders of the Company, providing for concurrent public offerings (each a “Public Offering” and collectively, the “Public Offerings”) by the several Underwriters, including the Representatives (collectively, the “Underwriters”), of common stock, par value $0.001 per share, of the Company (the “Common Stock”) and convertible notes of the Company pursuant to a Registration Statement on Form S-3 to be filed with the Securities and Exchange Commission.
