0001144204-10-025816 Sample Contracts

SECURITIES INVESTMENT AND SUBSCRIPTION AGREEMENT
Securities Investment and Subscription Agreement • May 10th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies

THIS SECURITIES INVESTMENT AND SUBSCRIPTION AGREEMENT, dated as of May 5, 2010 (this “Agreement”), is by and between Think Holdings AS, a Norwegian limited liability company, with corporate registration number 992 714 344 (the “Company”), and each of the investors that are or become party to this Agreement as evidenced by the execution by such investor of a counterpart signature page to this Agreement (such investor, and its permitted successors and assigns, are each referred to herein as an “Investor” and, collectively, as the “Investors”.

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AMENDED AND RESTATED SHAREHOLDERS AGREEMENT
Shareholders Agreement • May 10th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies

THIS AMENDED AND RESTATED SHAREHOLDERS AGREEMENT, dated as of May 5, 2010 (this “Agreement”), is by and among each of the parties whose names appear on the signature pages hereof. Such parties, and their successors and permitted assigns, are each referred to herein as a “Holder” and, collectively, as the “Holders”.

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