PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 1st, 2012 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • Pennsylvania
Axion Power International, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this Placement Agency Agreement (this “Agreement”) and the Subscription Agreements in the form of Exhibit A attached hereto (the “Subscription Agreements”) entered into with the investors identified therein (each, an “Investor” and collectively, the “Investors”), to issue and sell for an aggregate of minimum gross consideration of $8,000,000 and an aggregate gross maximum consideration of $10,000,000, shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share (the “Common Stock”), (such Shares sold hereunder are hereby referred to as the “Securities”). The Securities are more fully described in the Registration Statement (as defined herein). This is to confirm the agreement between the Company and Philadelphia Brokerage Corporation (“PBC”) and Emerging Growth Equities, Ltd. (“EGE”; each of PBC and EGE is individually referred to as a “Pl
FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • February 1st, 2012 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
