ContractWarrant Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New York
THIS WARRANT AND THE SHARES ISSUABLE UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. EXCEPT AS OTHERWISE SET FORTH HEREIN OR IN A DEBT EXCHANGE AGREEMENT DATED AS OF APRIL 13, 2004, NEITHER THIS WARRANT NOR ANY OF SUCH SHARES MAY BE SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR SUCH SECURITIES UNDER SAID ACT OR, AN OPINION OF COUNSEL, IN FORM, SUBSTANCE AND SCOPE, CUSTOMARY FOR OPINIONS OF COUNSEL IN COMPARABLE TRANSACTIONS, THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 OR REGULATION S UNDER SUCH ACT.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New Jersey
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of October 7, 2005, by and among LITHIUM TECHNOLOGY CORPORATION, a Delaware corporation (the “Company”), and the Buyers listed on Schedule I attached hereto (individually, a “Buyer” or collectively “Buyers”).
SECURITY AGREEMENTSecurity Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New Jersey
THIS SECURITY AGREEMENT (the “Agreement”), is entered into and made effective as of October 7, 2005, by and between LITHIUM TECHNOLOGY CORPORATION, a Delaware corporation (the “Company”), and Cornell Capital Partners, LP (the “Secured Party”).
INVESTOR REGISTRATION RIGHTS AGREEMENTInvestor Registration Rights Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New Jersey
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 7, 2005, by and among LITHIUM TECHNOLOGY CORPORATION, a Delaware corporation (the “Company”), and the undersigned investors listed on Schedule I attached hereto (each, an “Investor” and collectively, the “Investors”).
ESCROW AGREEMENTEscrow Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New Jersey
THIS ESCROW AGREEMENT (this “Agreement”) is made and entered into as of October 7, 2005 LITHIUM TECHNOLOGY CORPORATION, a Delaware corporation (the “Company”); the Buyer(s) listed on the Securities Purchase Agreement, dated the date hereof (also referred to as the “Investor(s)”), and DAVID GONZALEZ, ESQ., as Escrow Agent hereunder (the “Escrow Agent”).
LITHIUM TECHNOLOGY CORPORATION Secured Convertible Debenture Due October 7, 2006Secured Convertible Debenture • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies
This Secured Convertible Debenture (the “Debenture”) is issued by LITHIUM TECHNOLOGY CORPORATION, a Delaware corporation (the “Obligor”), to CORNELL CAPITAL PARTNERS, LP (the “Holder”), pursuant to that certain Securities Purchase Agreement (the “Securities Purchase Agreement”) of even date herewith.
PLEDGE AND ESCROW AGREEMENTPledge and Escrow Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New Jersey
THIS PLEDGE AND ESCROW AGREEMENT (the “Agreement”) is made and entered into as of October 7, 2005 (the “Effective Date”) by and among LITHIUM TECHNOLOGY CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “Pledgor”), CORNELL CAPITAL PARTNERS, LP, (the “Pledgee”), and DAVID GONZALEZ, ESQ., as escrow agent (“Escrow Agent”).
DEBT EXCHANGE AGREEMENTDebt Exchange Agreement • November 14th, 2005 • Lithium Technology Corp • Miscellaneous electrical machinery, equipment & supplies • New York
DEBT EXCHANGE AGREEMENT (this “Agreement”), dated as of October 21, 2005 by and among Lithium Technology Company (“LTC”), GAIA Holding B.V. (“GAIA Holding”), GAIA Akkumulatorenwerke GmbH (“GAIA”), Arch Hill Capital N.V. (“Arch Hill Capital”) and Arch Hill Ventures N.V. (“Arch Hill Ventures”). LTC, GAIA Holding and GAIA are sometimes referred to together as the “Company.” Arch Hill Capital and Arch Hill Ventures are sometimes referred to together as the “Debtholders” or individually as the “Debtholder.”
