0001299933-10-000279 Sample Contracts

Ener1, Inc. Common Stock OPEN MARKET SALE AGREEMENTSM
Open Market Sale Agreement • January 25th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York

Ener1, Inc., a Florida corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies & Company, Inc., as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.01 per share (the “Common Shares”), having an aggregate offering price of up to $60,000,000 on the terms set forth in this agreement (this “Agreement”).

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