January 22, 2019 Maxwell Technologies, Inc. San Diego, CA 92123 Attention: Dr. Franz J. Fink, CEO Re: Potential Acquisition of Maxwell Technologies, Inc. – Letter Agreement re: Exclusivity and Non-Solicitation Ladies and Gentlemen:Letter Agreement Re: Exclusivity and Non-Solicitation • February 20th, 2019 • Tesla, Inc. • Motor vehicles & passenger car bodies • Delaware
Tesla, Inc. (“Tesla”) and Maxwell Technologies, Inc. (the “Company”) are discussing a possible acquisition of 100% of the equity interests of the Company by Tesla. In consideration of the significant costs and expenses to be incurred by each of the parties in connection with the possible acquisition (the “Potential Acquisition”) and the other terms set forth in this letter agreement (the “Letter Agreement”), Tesla and the Company agree as follows:
