SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 9th, 2010 • ZBB Energy Corp • Electric services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of March 8, 2010, 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”).
COMMON STOCK PURCHASE WARRANT ZBB ENERGY CORPORATIONZBB Energy Corp • March 9th, 2010 • Electric services
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after September __, 2010 (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from ZBB Energy Corporation, a Wisconsin corporation (the “Company”), up to ______ shares (the “Warrant Shares”) of Common Stock.
CONFIDENTIALZBB Energy Corp • March 9th, 2010 • Electric services • California
This letter (the “Agreement”) constitutes the agreement between Sutter Securities Incorporated (“Sutter Securities” or the “Placement Agent”) and ZBB Energy Corporation, a Wisconsin corporation (the “Company”), that Sutter Securities shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement (the “Placement”) of registered securities (the “Securities”) of the Company, including shares (the “Shares”) of the Company’s common stock (the “Common Stock”), and warrants (the “Warrants”) to purchase shares of Common Stock and debt. The Company’s Common Stock is traded on the NYSE AMEX, (ZBB). The terms of such Placement and the Securities shall be mutually agreed upon by the Company and the purchasers (each, a “Purchaser” and collectively, the “Purchasers”) and nothing herein constitutes that Sutter Securities would have the power or authority to bind the Company or any Purchaser or an obligation for the Company
