ContractVersion Waiver and Rights Agreement • May 5th, 2020 • New York
EX-99.5 3 c06705exv99w5.htm EXHIBIT 99.5 Exhibit 99.5 EXECUTION VERSION WAIVER AND RIGHTS AGREEMENT THIS WAIVER AND RIGHTS AGREEMENT (the “Agreement”), dated as of September 20, 2010 among Altair Nanotechnologies, Inc., a company organized under the laws of Canada (“Company”), Al Yousuf LLC, a company organized under the laws of United Arab Emirates (“Al Yousuf”), and Canon Investment Holdings Limited, a company organized under the laws of Hong Kong (“Canon”). WHEREAS, Al Yousuf and the Company had entered into a Stock Purchase and Settlement Agreement dated September 30, 2008 (the “Al Yousuf Purchase Agreement”) pursuant to which Al Yousuf purchased from the Company, and the Company sold and issued to Al Yousuf, certain shares of Common Stock (as defined below) for US$10,000,000.10; WHEREAS, the Company desires to issue and sell certain newly-issued shares of Common Stock to Canon, and Canon desires to subscribe for such newly-issued shares of Common Stock, pursuant to that certain Sh
