CLASS A WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Warrant Agreement • August 5th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
This Class A Warrant (this “Warrant”) entitles ENER1 GROUP, INC., a Florida corporation, or any subsequent holder hereof (the “Holder”), to purchase from ENER1, INC., a Florida corporation (the “Company”), up to three million (3,000,000) fully paid and nonassessable shares (the “Warrant Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), at a price per share equal to $3.48 (the “Exercise Price”), on the terms and subject to the conditions set forth herein. This Warrant is issued pursuant to the terms of a Securities Purchase Agreement, dated as of June 1, 2010 (the “Purchase Agreement”), and the date on which this Warrant is referred to herein as the “Issue Date”. Capitalized terms used herein and not otherwise defined have the meanings set forth in the Purchase Agreement.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 5th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECURITIES PURCHASE AGREEMENT, dated as of June 1, 2010 (this “Agreement”), is by and between ENER1, INC., a Florida corporation (the “Company”), and ENER1 GROUP, INC., a Florida corporation (the “Investor”).
CLASS A WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Warrant Agreement • August 5th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
This Class A Warrant (this “Class A Warrant”) entitles BZINFIN, S.A., a British Virgin Islands company, or any subsequent holder hereof (the “Holder”), to purchase from ENER1, INC., a Florida corporation (the “Company”), up to 863,806 fully paid and nonassessable shares (the “Warrant Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), at a price per share equal to $3.40 (the “Exercise Price”), on the terms and subject to the conditions set forth herein. This Class A Warrant is issued pursuant to the terms of a Conversion Agreement, dated as of August 3, 2010 (the “Conversion Agreement”), and the date on which this Class A Warrant is referred to herein as the “Issue Date.” Capitalized terms used herein and not otherwise defined have the meanings set forth in the Conversion Agreement.
CLASS B WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Warrant Agreement • August 5th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
This Class B Warrant (this “Class B Warrant”) entitles BZINFIN, S.A., a British Virgin Islands company, or any subsequent holder hereof (the “Holder”), to purchase from ENER1, INC., a Florida corporation (the “Company”), up to 1,457,672 fully paid and nonassessable shares (the “Warrant Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), at a price per share equal to $4.25 (the “Exercise Price”), on the terms and subject to the conditions set forth herein. This Class B Warrant is issued pursuant to the terms of a Conversion Agreement, dated as of August 3, 2010 (the “Conversion Agreement”), and the date on which this Class B Warrant is referred to herein as the “Issue Date.” Capitalized terms used herein and not otherwise defined have the meanings set forth in the Conversion Agreement.
CONVERSION AGREEMENTConversion Agreement • August 5th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This CONVERSION AGREEMENT (this “Agreement”), dated as of August 3, 2010 (the “Effective Date”), is by and between ENER1, INC., a Florida corporation (the “Company”), and BZINFIN, S.A., a British Virgin Islands company (the “Lender”).
