REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 3rd, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of December 31, 2010, by and among Ener1, Inc., a Florida corporation, with headquarters located at 1540 Broadway, Suite 25C, New York, NY 10036 (the "Company"), and the investors listed on the Schedule of Buyers attached hereto (each, a "Buyer" and collectively, the "Buyers").
ENER1, INC. Warrant To Purchase Common StockWarrant to Purchase Common Stock • January 3rd, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Ener1, Inc., a Florida corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [_______________], the registered holder hereof or its permitted assigns (the "Holder"), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon surrender of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the "Warrant"), at any time or times on or after the date hereof, but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), ______________ (_____________) fully paid nonassessable shares of Common Stock (as defined below) (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Section 16. This Warrant is one of the Warrants to purchase Com
ENER1, INC.Senior Note Agreement • January 3rd, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
For value received, ENER1, INC., a Florida corporation (the “Company”), hereby promises to pay to the order of _______________________ (together with its successors and assigns, the “Holder”), in accordance with the terms hereinafter provided, the principal amount of ________________________ ($______________), together with interest thereon. This Note (this “Note”) is issued to the Holder pursuant to the Securities Purchase Agreement, dated as of December 31, 2010 (the “Purchase Agreement”), together with other notes issued pursuant to the Purchase Agreement (the “Other Notes” and collectively with this Note, the “Notes”) to the purchasers named in the Purchase Agreement (the “Other Holders” and collectively with the Holder, the “Holders”). Capitalized terms used herein and not otherwise defined have the respective meanings set forth in Section 6.15 of this Agreement or as defined in the Purchase Agreement, as applicable.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 3rd, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
