CLASS D WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Warrant Agreement • September 23rd, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
This Class D 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 one million, five hundred and sixteen thousand, six hundred seventy (1,516,670) 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 $4.46 (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 September 21, 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 • September 23rd, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECURITIES PURCHASE AGREEMENT, dated as of September 21, 2010 (this “Agreement”), is by and between ENER1, INC., a Florida corporation (the “Company”), and ENER1 GROUP, INC., a Florida corporation (the “Investor”).
