WAIVER AND AMENDMENTWaiver and Amendment • August 9th, 2016 • Axion Power International, Inc. • Miscellaneous electrical machinery, equipment & supplies
This Waiver and Amendment (“Waiver”) is entered into as of August ___, 2016, by and between Axion Power International, Inc., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”), which is one of the investors listed on the Schedule of Holders (“Schedule of Holders”) attached to that certain Securities Purchase Agreement between the Company and all of the investors listed on the Schedule of Holders (the “Holders”) dated November 5, 2015, as amended (the “SPA”; all capitalized terms used and not defined herein are used as defined in the Notes (as defined in the SPA)) with reference to the following facts:
