WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Ener1 Inc • March 15th, 2005 • Telephone & telegraph apparatus
THIS CERTIFIES that ______________________ or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to __________ fully paid and nonassessable 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 and from time to time beginning on the date on which this Warrant is issued (the “Issue Date”) and ending at 7:00 p.m., eastern time, on the date that is the fifth (5th) anniversary of the Issue Date (or, if such date is not a Business Day, on the first (1st) Business Day immediately following such date) (the “Expiration Date”). This Warrant is issued pursuant to a Securities Purchase Agreement, dated as of March 11, 2005 (the “Securities Purchase Agreement”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in th
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 14, 2005, is entered into by and between ENER1, INC., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of March 11, 2005 (the “Execution Date”), by and between ENER1, INC., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
ContractSecurities Purchase Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • New York
THIS DEBENTURE AND THE SECURITIES ISSUABLE UPON CONVERSION OF THIS DEBENTURE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE OFFERED FOR SALE OR SOLD UNLESS A REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS SHALL BE EFFECTIVE WITH RESPECT THERETO, OR AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT AND APPLICABLE STATE SECURITIES LAWS IS AVAILABLE IN CONNECTION WITH SUCH OFFER OR SALE.
SECURITY AGREEMENTSecurity Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • Florida
THIS SECURITY AGREEMENT (this “Agreement”) is made and entered into as of March 14, 2005 by ENER1, INC., a Florida corporation (the “Obligor”), in favor of Satellite Asset Management, L.P. (the “Agent”) and each of the lenders whose names appear on the signature pages hereof. Such lenders are each referred to herein as a “Secured Party” and, collectively, as the “Secured Parties”. This Agreement is being executed and delivered by the Obligor and the Secured Parties in connection with that certain Securities Purchase Agreement, dated as of March 11, 2005, by and between the Obligor and each Secured Party (the “Securities Purchase Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Securities Purchase Agreement.
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • March 15th, 2005 • Ener1 Inc • Telephone & telegraph apparatus • New York
THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this “Agreement”), dated as of the 11th day of March, 2005 (the “Effective Date”), is by and among Ener1, Inc. (“Borrower”), Satellite Asset Management, L.P. (“Satellite”), Ener1 Battery Company, Inc., (“Guarantor”), each of the entities whose names appear on the signature pages hereof under the heading “Existing Investors” (each such entity, an “Existing Investor”, and collectively, the “Existing Investors”), and each of the entities whose names appear on the signature pages hereof under the heading “New Investors” (each such entity, a “New Investor”, and collectively, the “New Investors”). The Existing Investors and New Investors are sometimes referred to herein collectively as the “Investors” and individually as an “Investor”.
