Waiver, Amendment and Exchange Agreement Sample Contracts

September 9, 2011
Waiver, 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”).

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September 12, 2011
Waiver, 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”).

WAIVER, AMENDMENT AND EXCHANGE AGREEMENT
Waiver, Amendment and Exchange Agreement • June 22nd, 2009 • Wizzard Software Corp /Co • Services-prepackaged software

THIS WAIVER, AMENDMENT AND EXCHANGE AGREEMENT (the “ Agreement”), dated as of June 19, 2009, is entered into by and among Wizzard Software Corporation, a Colorado corporation (the “ Company”), and the persons identified as “Holders” on the signature pages hereto (the “ Holders”). Defined terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreement (as defined below).

WAIVER, AMENDMENT AND EXCHANGE AGREEMENT
Waiver, Amendment and Exchange Agreement • October 5th, 2009 • Innovative Card Technologies Inc • Electronic components & accessories • New York

THIS WAIVER, AMENDMENT AND EXCHANGE AGREEMENT (the “Agreement”), dated as of September __, 2009, is entered into by and among Innovative Card Technologies, Inc., a Delaware corporation (the “Company”), and the persons identified as “Holders” on the signature pages hereto (the “Holders”). Defined terms not otherwise defined herein shall have the meanings set forth in the Purchase Agreements (as defined below).

WAIVER, AMENDMENT AND EXCHANGE AGREEMENT
Waiver, Amendment and Exchange Agreement • September 12th, 2011 • Ener1 Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS WAIVER, AMENDMENT AND EXCHANGE AGREEMENT, dated as of September 9, 2011 (this “Agreement”), is made by and between Ener1, Inc., a Florida corporation (the “Company”), and the security holder signatory hereto (the “Holder”). Capitalized terms used in this Agreement and not otherwise defined have the meanings assigned to them in the Securities Purchase Agreements (as defined below). The effectiveness of this Agreement is conditioned upon the Company and each of the other security holders listed on Schedule A (the “Other Holders”) executing the Other Agreements (as defined below).

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