COMMON STOCK PURCHASE WARRANT ENER1 GROUP, INC.Ener1 Inc • June 18th, 2010 • Miscellaneous electrical machinery, equipment & supplies
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAW, AND MAY NOT BE OFFERED FOR SALE, SOLD OR TRANSFERRED...Ener1 Inc • June 18th, 2010 • Miscellaneous electrical machinery, equipment & supplies
THIS CERTIFIES that ENER1 GROUP, INC., or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to six hundred twelve thousand three hundred eighty four (612,384) 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 fifth (5th) anniversary of the Issue Date (the “Expiration Date”); provided, however, that if the Expiration Date occurs on a date that is not a Business Day, the Expiration Date shall be deemed to occur on the on the Business Day immediately following such date. This Warrant is issued pursuant to the terms of an Amendment Agreement, dated as of August 14, 2007 (the
ContractEner1 Inc • June 18th, 2010 • Miscellaneous electrical machinery, equipment & supplies • New York
CLASS B WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Purchase Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
This Class B Warrant (this “Warrant”) entitles ENER1 GROUP, INC., a Florida corporation, or any subsequent holder hereof (the “Holder”), to purchase from ENER1, INC., a Florida corporation (the “Company”), up to five million (5,000,000) fully paid and nonassessable shares (the “Warrant Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), at a price per share equal to $4.40 (the “Exercise Price”), on the terms and subject to the conditions set forth herein. This Warrant is issued pursuant to the terms of a Securities Purchase Agreement, dated as of June 1, 2010 (the “Purchase Agreement”), and the date on which this Warrant is referred to herein as the “Issue Date”. Capitalized terms used herein and not otherwise defined have the meanings set forth in the Purchase Agreement.
CLASS A WARRANT TO PURCHASE COMMON STOCKClass a Warrant • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
This Class A Warrant (this “Warrant”) entitles ENER1 GROUP, INC., a Florida corporation, or any subsequent holder hereof (the “Holder”), to purchase from ENER1, INC., a Florida corporation (the “Company”), up to three million (3,000,000) fully paid and nonassessable shares (the “Warrant Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), at a price per share equal to $3.48 (the “Exercise Price”), on the terms and subject to the conditions set forth herein. This Warrant is issued pursuant to the terms of a Securities Purchase Agreement, dated as of June 1, 2010 (the “Purchase Agreement”), and the date on which this Warrant is referred to herein as the “Issue Date”. Capitalized terms used herein and not otherwise defined have the meanings set forth in the Purchase Agreement.
FACILITY AGREEMENT dated June 4, 2010 between ENER1 GROUP INC. as Company and JSC VTB BANK as LenderFacility Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
ContractLoan Restructuring Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
SHARE PURCHASE AGREEMENTShare Purchase Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
WHEREAS the Seller wishes to sell to the Purchaser certain number of registered shares of common stock (the “Shares”) each of nominal value of US$0.01 of Enerl Inc. (OTCBB: ENELOB), a company established under the laws of the State of Florida, USA with its registered office at: 500 W. Cypress Creek Rd., Ste. 100, Fort Lauderdale, FL 33309 (the “Company”), and the Purchaser wishes to purchase the Shares, on the terms and conditions of this Agreement.
ENER1, INC. WARRANT SHARE PUT OPTION AGREEMENT between ENER1 GROUP, INC. And JSC VTB BANK Dated as of June 4, 2010Warrant Share Put Option Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
THIS ENER1, INC. WARRANT SHARE PUT OPTION AGREEMENT, dated as of June 4, 2010 (this "Agreement"), is by and between ENER1 GROUP, INC., a Florida corporation ("EGI") and JSC VTB BANK (the "Holder").
ContractLoan Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
LINE OF CREDIT AGREEMENTLine of Credit Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
JOINT FILING AGREEMENTJoint Filing Agreement • June 18th, 2010 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the common stock of Ener1, Inc. and that this Agreement be included as an Exhibit to such joint filing. This Agreement may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument.
