September 12, 2011Line of Credit Agreement • September 20th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York
Reference is made to that certain Line of Credit Agreement dated June 29, 2011 (the “LOC Agreement”) by and between Ener1, Inc. (the “Company”) and Bzinfin S.A. (“Bzinfin”), whereby Bzinfin established a line of credit for the Company in the aggregate principal amount of US$15,000,000. All capitalized terms used in this Letter Agreement, but not otherwise defined herein, shall have the meanings ascribed to them in the LOC Agreement.
September 9, 2011Waiver, Amendment and Exchange Agreement • September 20th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
Each of the undersigned hereby delivers this Letter Agreement in connection with the above Waiver, Amendment and Exchange Agreements dated as of September 9, 2011 (collectively, the “Waiver Agreement”) with Ener1, Inc. (the “Company”) and agrees that (i) neither of the undersigned will exercise, in whole or in part, any of the warrants beneficially owned by them as of the date hereof to purchase Common Stock (as defined below) and (ii) neither it nor anyone acting on its behalf or any purported assignee thereof will convert, in whole or in part, any of the indebtedness (i.e., principal and interest) outstanding and payable by the Company to Bzinfin S.A. under their existing line of credit into shares of the Company’s common stock, par value $0.01 (the “Common Stock”), until such time as the Company has amended its charter to increase the authorized Common Stock from 300,000,000 shares to 430,000,000 shares (the “Charter Amendment”).
September 12, 2011Waiver, Amendment and Exchange Agreement • September 20th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies
The undersigned hereby delivers this Letter Agreement in connection with the above Waiver, Amendment and Exchange Agreements dated as of September 9, 2011 (collectively, the “Waiver Agreement”) with Ener1, Inc. (the Company”).
