LOAN AGREEMENT by and among ENER1, INC. as Borrower and BZINFIN S.A., LIBERTY HARBOR SPECIAL INVESTMENTS, LLC and GOLDMAN SACHS PALMETTO STATE CREDIT FUND, L.P., as Lenders and BZINFIN S.A., as Agent Dated as of November 16, 2011Loan Agreement • November 22nd, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This Term Sheet is not intended to be and should not be construed as an offer, commitment or agreement to enter into an agreement to or to provide debtor-in-possession financing. This Term Sheet is intended only to be indicative of certain terms and conditions around which a debtor-in-possession credit facility and related agreements may be structured, and shall not preclude negotiations within the general scope of these terms and conditions. Neither the DIP Lender nor any of its affiliates shall have any obligation to commence or thereafter continue any negotiations to enter into any definitive agreement, and no person or entity should rely on an eventual formation of any agreement. The foregoing shall apply to this Term Sheet, as well as to any prior and subsequent communications between the Debtor and/or its affiliates and representatives and the DIP Lender and/or its affiliates and representatives with respect to the debtor-in-possession credit facility and related documents, and o
