SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 20th, 2007 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS SECURITIES PURCHASE AGREEMENT, dated as of November 19, 2007 (this “Agreement”), is by and between ENER1, INC., a Florida corporation (the “Company”), and each entity that is named on Exhibit A hereto. Each such entity, together with its successors and permitted assigns, is referred to herein as an “Investor”, and all such entities, together with their successors and permitted assigns, are collectively referred to herein as the “Investors”.
FORM OF WARRANTSecurities Purchase Agreement • November 20th, 2007 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
THIS CERTIFIES that or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to [ ] fully paid and nonassessable shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), subject to adjustment as provided herein, at a price per share equal to the Exercise Price (as defined below), at any time and from time to time beginning on the date on which this Warrant was originally issued (the “Issue Date”) and ending at 5:00 p.m., eastern time, on the later to occur of (i) the one hundred and eightieth (180th) day following the Issue Date and (ii) the second (2nd) Business Day following the date on which the Company files with the Secretary of State of the State of Florida an amendment to its Articles of Incorporation increasing the number of authorized shares of Common Stock to 950,000,000 (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 20th, 2007 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of November 19, 2007, is by and between Ener1, Inc., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
