WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Warrant Agreement • November 15th, 2004 • Ener1 Inc • Telephone & telegraph apparatus
THIS CERTIFIES that DELPHI AUTOMOTIVE SYSTEMS, LLC, a Delaware limited liability company, or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to seven million (7,000,000) fully paid and non-assessable shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), subject to adjustment as provided herein, at a price per share equal to the Exercise Price (as defined below), at any time beginning on the date on which this Warrant is issued (the “Issue Date”) and ending at 5:00 p.m., Eastern Time, on the date that is the seventh (7th) anniversary of the Issue Date (the “Expiration Date”). This Warrant is issued pursuant to a Securities Purchase Agreement, dated as of October 20, 2004 (the “Securities Purchase Agreement”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Securities Purchase Agreement.
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • November 15th, 2004 • Ener1 Inc • Telephone & telegraph apparatus • Florida
THIS FIRST AMENDMENT (the “AMENDMENT”) to the Agreement and Plan of Merger dated as of June 9, 2004, by and among Splinex Technology Inc., a Delaware corporation (“Splinex”), Ener1 Acquisition Corp., a Delaware corporation (“Acquisition”) and Ener1, Inc., a Florida corporation (“Ener1”), (the “MERGER AGREEMENT”), is entered into as of October 13, 2004 by and among Splinex, Acquisition and Ener1. Terms used herein and not otherwise defined have the meanings set forth in the Merger Agreement.
