ENER1, INC. Warrant To Purchase Common StockEner1 Inc • September 12th, 2011 • 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
WAIVER, AMENDMENT AND EXCHANGE AGREEMENTWaiver, Amendment and Exchange Agreement • September 12th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS WAIVER, AMENDMENT AND EXCHANGE AGREEMENT, dated as of September 9, 2011 (this “Agreement”), is made by and between Ener1, Inc., a Florida corporation (the “Company”), and the security holder signatory hereto (the “Holder”). Capitalized terms used in this Agreement and not otherwise defined have the meanings assigned to them in the Securities Purchase Agreements (as defined below). The effectiveness of this Agreement is conditioned upon the Company and each of the other security holders listed on Schedule A (the “Other Holders”) executing the Other Agreements (as defined below).
ENER1, INC. TRANCHE BDecember Purchase Agreement • September 12th, 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 [______________________] AND 00/100 DOLLARS ($[_________]), together with interest thereon. This Note (this “Note”) is issued to the Holder pursuant to the Securities Purchase Agreement dated as of December 31, 2010 (the “December Purchase Agreement”), as amended by the Waiver, Amendment and Exchange Agreement, dated as of September 9, 2011 (the “Amendment”). The other Notes issued pursuant to the December Purchase Agreement and/or the Securities Purchase Agreement dated as of September 2, 2010 (the “September Purchase Agreement” and, together with the December Purchase Agreement, the “Purchase Agreements”), as amended by the Amendment, are referred to herein as the “Other Notes”, and the Other Notes together with this Note are
ENER1, INC. TRANCHE AEner1 Inc • September 12th, 2011 • Miscellaneous electrical machinery, equipment & supplies • New York
For value received, ENER1, INC., a Florida corporation (the “Company”), hereby promises to pay to the order of [________________] (together with its successors and assigns, the “Holder”), in accordance with the terms hereinafter provided, the principal amount of [______________________] AND 00/100 DOLLARS ($[_________]), together with interest thereon. This Note (this “Note”) is issued to the Holder pursuant to the Securities Purchase Agreement dated as of [September 2, 2010] [December 31, 2010] (the “[September][December] Purchase Agreement”), as amended by the Waiver, Amendment and Exchange Agreement, dated as of September 9, 2011 (the “Amendment”). The other Notes issued pursuant to the [September] [December] Purchase Agreement and/or the Securities Purchase Agreement dated as of [December 31, 2010] [September 2, 2010] (the “[December][September]Purchase Agreement” and, together with the [September][December] Purchase Agreement, the “Purchase Agreements”), as amended by the Amendmen
