COMMON STOCK PURCHASE WARRANT AXION POWER INTERNATIONAL, INC.Axion Power International, Inc. • September 15th, 2014 • Miscellaneous electrical machinery, equipment & supplies • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Maxim Partners LLC or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date that is 180 days from the effective date of the Registration Statement (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the effective date of the Registration Statement (the “Termination Date”) but not thereafter, to subscribe for and purchase from Axion Power International, Inc., a Delaware corporation (the “Company”), up to [ ] shares (as subject to adjustment hereunder, the “Warrant Shares”) of common stock, par value $0.005 per share, of the Company (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AXION POWER INTERNATIONAL, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • September 15th, 2014 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
Axion Power International, Inc., a Delaware corporation (the “Company”), confirms its agreement, subject to the terms and conditions set forth herein, with each of the underwriters listed on Schedule A hereto (collectively, the “Underwriters”), for whom Maxim Group LLC is acting as representative (in such capacity, the “Representative”), to sell and issue to the Underwriters an aggregate of _______ shares (the “Firm Shares”) of common stock, par value $.005 per share, of the Company (the “Common Stock”), together with warrants to purchase an aggregate of _______ shares of Common Stock at an exercise price equal to $_______ per share (each a “Firm Warrant” and collectively, the “Firm Warrants”). Each Firm Share shall be accompanied by a Firm Warrant to purchase one additional share of Common Stock.
WARRANT AGREEMENT Axion Power International, Inc. andWarrant Agreement • September 15th, 2014 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS WARRANT AGREEMENT (this “Agreement”), dated as of , 2014, is by and between Axion Power International, Inc., a Delaware corporation (the “Company”), and , a , as Warrant Agent (the “Warrant Agent”).
