FORMATION, SUBSCRIPTION AND STOCKHOLDERS’ AGREEMENTFormation, Subscription and Stockholders’ Agreement • October 26th, 2004 • Ener1 Inc • Telephone & telegraph apparatus • Delaware
THIS FORMATION, SUBSCRIPTION AND STOCKHOLDERS’ AGREEMENT (“Agreement”) of ENERDEL, INC. (the “Company”), dated as of October 20, 2004, is made and entered into by and between DELPHI AUTOMOTIVE SYSTEMS LLC (“Delphi”), a Delaware limited liability company, with its principal place of business at 5725 Delphi Drive, Troy, Michigan 48098 and ENER1, INC., a Florida corporation (“Ener1”), with its principal place of business at 500 West Cypress Creek Road, Suite 100, Fort Lauderdale, Florida 33309. Delphi and Ener1 are collectively referred to herein as “Investors” and individually as an “Investor”.
