Bolder Technologies Corp Sample Contracts

Bolder Technologies Corp – SECOND AMENDMENT TO THE RIGHTS AGREEMENT (November 13th, 2000)

1 EXHIBIT 4.2 SECOND AMENDMENT TO THE RIGHTS AGREEMENT Pursuant to Section 27 of the Rights Agreement between Bolder Technologies Corporation (the "Company") and American Stock Transfer & Trust Company, dated as of January 23, 1998 (the "Rights Agreement"), the Company hereby submits the following second amendment to the Rights Agreement: Section 1(c) of the Rights Agreement is hereby amended, effective as of January 23, 1998, by inserting the following as an additional final paragraph to such Section 1(c): "Notwithstanding anything to the contrary in this Agreement, no Person will be the "Beneficial Owner" of or to "beneficially own" any securities acquired through such Person's participation in a firm commitment underwriting (including securities acquired in stabilization transactions) pursuant to agreements with and between

Bolder Technologies Corp – 1996 EMPLOYEE STOCK PURCHASE PLAN (November 13th, 2000)

1 EXHIBIT 10.2 BOLDER TECHNOLOGIES CORPORATION 1996 EMPLOYEE STOCK PURCHASE PLAN ADOPTED MARCH 6, 1996 APPROVED BY STOCKHOLDERS APRIL 30, 1996 AS AMENDED THROUGH SEPTEMBER 30, 2000 1. PURPOSE. (a) The purpose of the 1996 Employee Stock Purchase Plan (the "Plan") is to provide a means by which employees of Bolder Technologies Corporation, a Delaware corporation (the "Company"), and its Affiliates, as defined in subparagraph 1(b), which are designated as provided in subparagraph 2(b), may be given an opportunity to purchase stock of the Company. (b) The word "Affiliate" as used in the Plan means any parent corporation or subsidiary corporation of the Company, as those terms are defined in Sections 424(e) and (f), respectively, of the Internal Revenue Code of 1986,

Bolder Technologies Corp – 1996 EQUITY INCENTIVE PLAN (November 13th, 2000)

1 EXHIBIT 10.1 BOLDER TECHNOLOGIES CORPORATION 1996 EQUITY INCENTIVE PLAN ADOPTED MARCH 6, 1996 APPROVED BY STOCKHOLDERS APRIL 30, 1996 AS AMENDED THROUGH SEPTEMBER 30, 2000 1. PURPOSES. (a) The purpose of the Plan is to provide a means by which selected Employees and Directors of and Consultants to the Company and its Affiliates may be given an opportunity to benefit from increases in value of the stock of the Company through the granting of (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) stock bonuses, (iv) rights to purchase restricted stock, and (v) stock appreciation rights, all as defined below. The Plan is successor to, and restatement of, the Company's 1992 Incentive Stock Option Plan and Non-Qualified Stock Option Plan. (b) The Comp

Bolder Technologies Corp – AMENDMENT NO. 3 TO RIGHTS AGREEMENT (November 13th, 2000)

1 EXHIBIT 4.3 AMENDMENT NO. 3 TO RIGHTS AGREEMENT Pursuant to Section 27 of the Rights Agreement between Bolder Technologies Corporation (the "Company") and American Stock Transfer & Trust Company, dated as of January 23, 1998 (the "Rights Agreement"), the Company hereby submits the following amendment to the Rights Agreement: The term "Excluded Person" in Section 1(h) of the Rights Agreement shall be amended to read as follows: "Excluded Person" shall mean Columbine Venture Fund II, L.P., funds managed by Patricof & Co. Ventures, Inc. (including its and their Affiliates and Associates) and The State of Wisconsin Investment Board. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF and intending to be legally bound, th

Bolder Technologies Corp – AMENDMENT TO THE RIGHTS AGREEMENT (November 13th, 2000)

1 EXHIBIT 4.1 AMENDMENT TO THE RIGHTS AGREEMENT Pursuant to Section 27 of the Rights Agreement between Bolder Technologies Corporation (the "Company") and American Stock Transfer & Trust Company, dated as of January 23, 1998 (the "Rights Agreement"), the Company hereby submits the following amendment to the Rights Agreement: The term "Excluded Stockholder" in Section 1(h) of the Rights Agreement shall be amended to read "Excluded Person." This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF and intending to be legally bound, the parties have executed this Amendment on November 8, 1999, such Amendment to be effective as of January 23, 1998. COMPANY: RIGHTS AGENT: BOLDER TECHNOLOGIES CORPORAT

Bolder Technologies Corp – WARRANT (July 28th, 2000)

1 EXHIBIT 4.11 WARRANT NEITHER THE RIGHTS REPRESENTED BY THIS CERTIFICATE NOR THE SHARES ISSUABLE UPON THE EXERCISE OF THE RIGHTS GRANTED HEREIN HAVE BEEN REGISTERED FOR OFFER OR SALE UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE STATE LAW. SUCH RIGHTS AND SHARES MAY NOT BE SOLD OR OFFERED FOR SALE IN WHOLE OR IN PART EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE ACT OR AN AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE ACT. BOLDER TECHNOLOGIES CORPORATION Warrants to Purchase Common Stock BOLDER TECHNOLOGIES CORPORATION, a Delaware corporation (the "Company"), hereby certifies that, for value received and pursuant to that certain Letter Agreement dated as of April 19, 2000 between Donaldson, Lufkin & Jenrette Securities Corporation and the Company, the reg

Bolder Technologies Corp – Y2000 TRANSITION EMPLOYMENT AGREEMENT (May 12th, 2000)

1 EXHIBIT 10.1 [BOLDER TECH LETTERHEAD] DANIEL S. LANKFORD Y2000 TRANSITION EMPLOYMENT AGREEMENT o Lankford becomes a part time employee effective January 1, 2000 with no benefits o Remains on the Board indefinitely o Will work and be paid for a minimum of 10 days per month through March 31, and 5 days per month through June 30. o May work additional days at the request of Roger Warren o Pay for days worked will be at the rate of $2,000 per day. o Stock options granted January 29, 1998 at $9.00 will vest during the period January 1, 2000 through June 30, 2000 at the rate of 4,000 shares per month, or a total of 24,000 shares. o Lankford will be eligible for normal 1999 cash and stock bonus o Will be paid for accrued vacation and personal time off as of the end of full time employment. o Part time employment a

Bolder Technologies Corp – Y2000 TRANSITION AGREEMENT (May 12th, 2000)

1 EXHIBIT 10.2 [BOLDER TECH LETTERHEAD] SANDRA D. SCHREIBER Y2000 TRANSITION AGREEMENT o Schreiber remains a full time employee through the end of April. o Becomes a part time employee from May through August 2000. o Will work and be paid for a minimum of o 10 days in May, June and July o 5 days per month in August o Will be guaranteed 5 days payment in September. o Pay for days worked as a part time employee will be at a rate of $850 per day. o May work additional days at the request of Roger Warren. o Will be paid for accrued vacation and personal time off as of the end of full time employment. o BOLDER will provide and cover cost of existing benefits package through December 31, 2000. o Stock options: o All stock options vest at their current rate through August 2000. o After

Bolder Technologies Corp – KEY EMPLOYEE AGREEMENT (March 30th, 2000)

1 EXHIBIT 10.8 BOLDER TECHNOLOGY CORPORATION KEY EMPLOYEE AGREEMENT FOR ROGER WARREN This Employment Agreement ("Agreement") is entered into as of the 17th day of September 1999, by and between Roger Warren ("Executive") and Bolder Technology Corporation, a Delaware corporation (the "Company"). WHEREAS, the Company desires to employ Executive to provide personal services to the Company, and wishes to provide Executive with certain compensation and benefits in return for his services; and WHEREAS, Executive wishes to be employed by the Company and provide personal services to the Company in return for certain compensation and benefits; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is hereby agreed by and

Bolder Technologies Corp – WARRANT TO PURCHASE COMMON STOCK (January 4th, 2000)

1 EXHIBIT 4.11 THIS WARRANT AND THE UNDERLYING SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"). THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO SUCH SECURITIES UNDER THE ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED. BOLDER TECHNOLOGIES CORPORATION WARRANT TO PURCHASE COMMON STOCK WCS No. 2 December 16, 1999 Effective as of September 24, 1999 VOID AFTER SEPTEMBER 24, 2004 THIS CERTIFIES THAT, for value received, VFT Special Ventures LTD, with its principal office at Parkview Tower, 1150 1st Ave, Suite 600, King of Prussia, PA 19406, or its assigns (the "Holder")

Bolder Technologies Corp – WARRANT AGREEMENT (November 10th, 1999)

1 EXHIBIT 4.1 WARRANT AGREEMENT November 8, 1999 First Security Van Kasper Inc. 600 California Street, Suite 1700 San Francisco, California 94111 Ladies and Gentlemen: BOLDER Technologies Corporation, a Delaware corporation (the "Company"), agrees, on the terms and subject to the conditions of this Warrant Agreement (this "Agreement"), to sell and deliver to First Security Van Kasper Inc. (the "Purchaser") "Warrants" (defined below) to purchase 66,000 shares of the "Common Stock" (defined below). The Purchaser agrees, on the terms and subject to the conditions of this Agreement, to purchase the Warrants from the Company. Each of the Warrants will be exercisable by the "Holder" (defined below), as to all or any lesser number of shares of the Common Stock covered by the Holder's Warrants, at

Bolder Technologies Corp – UNTIL ANY APPLICABLE CONDITIONS CONTAINED IN THE WARRANT AGREEMENT HAVE BEEN (November 10th, 1999)

1 EXHIBIT 4.2 FORM OF WARRANT THE WARRANTS REPRESENTED BY THIS CERTIFICATE ARE SUBJECT TO THE CONDITIONS SPECIFIED IN A WARRANT AGREEMENT, DATED NOVEMBER 8, 1999, BETWEEN BOLDER TECHNOLOGIES CORPORATION (THE "COMPANY") AND FIRST SECURITY VAN KASPER INC. EXCEPT TO THE EXTENT PERMITTED BY THE WARRANT AGREEMENT, NO TRANSFER, SALE, PLEDGE, OR OTHER DISPOSITION OF THESE WARRANTS OR THE SHARES OF COMMON STOCK OF THE COMPANY ACQUIRED ON EXERCISE OF THESE WARRANTS WILL BE VALID OR EFFECTIVE UNTIL REGISTERED UNDER THE SECURITIES ACT OF 1933 OR, IF APPLICABLE, A SUCCESSOR LAW THERETO (IN EACH CASE AS AMENDED FROM TIME TO TIME) OR THE COMPANY HAS BEEN ADVISED BY AN OPINION OF COUNSEL THAT THESE WARRANTS OR THOSE SHARES OF COMMON STOCK WILL BE TRANSFERRED IN A TRANSACTION EXEMPT FROM SUCH REGISTRATION AND UNTIL ANY APPLICABLE CONDITIONS CONTAINED IN THE WARRANT AGREEMENT HAVE BEEN FULFILLED.

Bolder Technologies Corp – UNDERWRITING AGREEMENT (November 10th, 1999)

1 EXHIBIT 1.1 BOLDER TECHNOLOGIES CORPORATION UNDERWRITING AGREEMENT As of November 8, 1999 FIRST SECURITY VAN KASPER INC. As Representative of the Several Underwriters First Security Van Kasper Inc. 600 California Street, Suite 1700 San Francisco, California 94111 Ladies and Gentlemen: BOLDER Technologies Corporation, a Delaware corporation (the "Company"), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the "Underwriters") an aggregate of 2,200,000 shares, each with one associated "Right" (as described in the "Base Prospectus" (defined below)) (including such Rights, the "Firm Shares") of the Company's Common Stock, $0.001 par value per share (the "Common Stock"). The Company also proposes to grant to the Underwriters an option to purchase up to

Bolder Technologies Corp – PURCHASE AGREEMENT (July 12th, 1999)

1 EXHIBIT 10.3 BOLDER TECHNOLOGIES CORPORATION COMMON STOCK PURCHASE AGREEMENT JULY 9, 1999 2 TABLE OF CONTENTS PAGE 1. Agreement to Sell and Purchase...........................................................................1 1.1 Authorization of Shares.........................................................................1 1.2 Sale and Purchase...............................................................................1 2. Closing, Delivery and Payment.................................

Bolder Technologies Corp – REGISTRATION RIGHTS AGREEMENT (July 12th, 1999)

1 EXHIBIT 10.4 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made and entered into as of May 14, 1999, by and among BOLDER Technologies Corporation, a Delaware corporation (the "Company") and the persons listed on Exhibit A hereto (the "Purchasers") with respect to the Purchase Agreement dated as of May 14, 1999 between the Company and the Purchasers (the "Purchase Agreement") for the purchase of up to 1,500,000 shares of the Company's Common Stock (the "Common Stock"). In order to induce the Purchasers to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement. The Company agrees with the Purchasers, (i) for their benefit as Purchasers and (ii) for the benefit of the holders

Bolder Technologies Corp – PURCHASE AGREEMENT (July 12th, 1999)

1 EXHIBIT 10.2 BOLDER TECHNOLOGIES CORPORATION COMMON STOCK PURCHASE AGREEMENT MAY 18, 1999 2 TABLE OF CONTENTS PAGE 1. Agreement to Sell and Purchase...........................................................................1 1.1 Authorization of Shares.........................................................................1 1.2 Sale and Purchase...............................................................................1 2. Closing, Delivery and Payment.................................

Bolder Technologies Corp – REGISTRATION RIGHTS AGREEMENT (July 12th, 1999)

1 EXHIBIT 10.5 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made and entered into as of May 18, 1999, by and among BOLDER Technologies Corporation, a Delaware corporation (the "Company") and the persons listed on Exhibit A hereto (the "Purchasers") with respect to the Purchase Agreement dated as of May 18, 1999 between the Company and the Purchasers (the "Purchase Agreement") for the purchase of up to 1,500,000 shares of the Company's Common Stock (the "Common Stock"). In order to induce the Purchasers to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement. The Company agrees with the Purchasers, (i) for their benefit as Purchasers and (ii) for the benefit of the holders

Bolder Technologies Corp – REGISTRATION RIGHTS AGREEMENT (July 12th, 1999)

1 EXHIBIT 10.6 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made and entered into as of July 9, 1999, by and among BOLDER Technologies Corporation, a Delaware corporation (the "Company") and the persons listed on Exhibit A hereto (the "Purchasers") with respect to the Purchase Agreement dated as of July 9, 1999 between the Company and the Purchasers (the "Purchase Agreement") for the purchase of up to 763,215 shares of the Company's Common Stock (the "Common Stock"). In order to induce the Purchasers to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement. The Company agrees with the Purchasers, (i) for their benefit as Purchasers and (ii) for the benefit of the holders f

Bolder Technologies Corp – PURCHASE AGREEMENT (July 12th, 1999)

1 EXHIBIT 10.1 BOLDER TECHNOLOGIES CORPORATION COMMON STOCK PURCHASE AGREEMENT MAY 14, 1999 2 TABLE OF CONTENTS PAGE 1. Agreement to Sell and Purchase...........................................................................1 1.1 Authorization of Shares.........................................................................1 1.2 Sale and Purchase...............................................................................1 2. Closing, Delivery and Payment..............................

Bolder Technologies Corp – CERTIFICATE OF AMENDMENT (January 28th, 1998)

1 EXHIBIT 4.6 CERTIFICATE OF AMENDMENT TO THE CERTIFICATE OF THE POWERS, DESIGNATIONS, PREFERENCES AND RIGHTS OF THE SERIES A CONVERTIBLE PREFERRED STOCK ($.001 PAR VALUE) (LIQUIDATION PREFERENCE $50.00 PER SHARE) OF BOLDER TECHNOLOGIES CORPORATION ---------------------- PURSUANT TO SECTION 151(G) OF THE GENERAL CORPORATION LAW OF THE STATE OF DELAWARE ---------------------- THE UNDERSIGNED, being the President and Chief Executive Officer of Bolder Technologies Corporation, a Delaware corporation (the "Company"), DOES HEREBY CERTIFY that, pursuant to the pr

Bolder Technologies Corp – AMENDMENT TO (January 28th, 1998)

1 EXHIBIT 4.8 AMENDMENT TO AMENDED AND RESTATED BYLAWS OF BOLDER TECHNOLOGIES CORPORATION (ADOPTED BY THE BOARD OF DIRECTORS ON DECEMBER 23, 1997) RESOLVED, that Section 13(d) of the Company's Amended and Restated Bylaws as currently in effect be, and it hereby is, amended and restated in its entirety to read as follows: "(D) Notwithstanding the foregoing, no such action by written consent may be taken following the closing of the initial public offering pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "1933 Act"), covering the offer and sale of Common Stock of the corporation (the "Initial Public Offering"), unless such action by written consent is solely being taken by, and is only applicable to, stockholders of a class of security of the

Bolder Technologies Corp – RIGHTS AGREEMENT (January 23rd, 1998)

1 EXHIBIT 99.2 ================================================================================ BOLDER TECHNOLOGIES CORPORATION AND AMERICAN STOCK TRANSFER & TRUST COMPANY AS RIGHTS AGENT RIGHTS AGREEMENT DATED AS OF JANUARY 23, 1998 ================================================================================ 2 TABLE OF CONTENTS PAGE SECTION 1. CERTAIN DEFINITIONS................................................

Bolder Technologies Corp – SET FORTH IN THE RIGHTS AGREEMENT. (January 23rd, 1998)

1 EXHIBIT 99.4 FORM OF RIGHT CERTIFICATE CERTIFICATE NO. R- _____ RIGHTS NOT EXERCISABLE AFTER JANUARY 23, 2008 OR EARLIER IF REDEMPTION OR EXCHANGE OCCURS. THE RIGHTS ARE SUBJECT TO REDEMPTION AT $.01 PER RIGHT AND TO EXCHANGE ON THE TERMS SET FORTH IN THE RIGHTS AGREEMENT. RIGHT CERTIFICATE BOLDER TECHNOLOGIES CORPORATION This certifies that ___________________ or registered assigns, is the registered owner of the number of Rights set forth above, each of which entitles the owner thereof, subject to the terms, provisions and conditions of the Rights Agreement, dated as of January 23, 1998 (the "Rights Agreement"), between Bolder Technologies Corporation, a Delaware corporation (the "Company"), and American Stock

Bolder Technologies Corp – PRESS RELEASE (January 23rd, 1998)

1 EXHIBIT 99.1 [Company Letterhead] PRESS RELEASE BOLDER TECHNOLOGIES CORPORATION ADOPTS SHAREHOLDER RIGHTS PLAN GOLDEN, Colorado (January 23, 1998) -- BOLDER Technologies Corporation (Nasdaq:BOLD), a developer and manufacturer of advanced, high-power rechargeable batteries based on its patented Thin Metal Film (TMF(TM)) technology, today announced that its Board of Directors has adopted a Shareholder Rights Plan designed to ensure fair and equal treatment for all shareholders in the event of a proposed acquisition of the company by enhancing the ability of the Board of Directors to negotiate more effectively with the prospective suitor. To date, such plans have been adopted by more than 2,000 publicly held corporations in the U.S., including the majority of Fortune 500 companies. Daniel S. Lankford, Chairman and Chief Executive Officer of BOLDER, s

Bolder Technologies Corp – PURCHASE AGREEMENT (December 5th, 1997)

1 EXHIBIT 10.1 336,200 SHARES SERIES A CONVERTIBLE PREFERRED STOCK BOLDER TECHNOLOGIES CORPORATION PURCHASE AGREEMENT October 3, 1997 BT Alex. Brown Incorporated One South Street Baltimore, Maryland 21202 Ladies and Gentlemen: BOLDER Technologies Corporation, a Delaware corporation (the "Company"), confirms its agreement with BT Alex. Brown Incorporated (the "Initial Purchaser") with respect to the sale by the Company and the purchase by the Initial Purchaser of 336,200 shares of the Company's Series A Convertible Preferred Stock (the "Preferred Stock"). The Preferred Stock is convertible into shares of the Company's common stock, par value $.01 per share (the "Common Stock"), at any time after 60 days followi

Bolder Technologies Corp – REGISTRATION RIGHTS AGREEMENT (December 5th, 1997)

1 EXHIBIT 10.2 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (the "Agreement") is made and entered into as of October 8, 1997, by and among BOLDER Technologies Corporation, a Delaware corporation (the "Company") and BT Alex. Brown Incorporated (the "Initial Purchaser") pursuant to the Purchase Agreement dated as of October 3, 1997 between the Company and the Initial Purchaser (the "Purchase Agreement") for the purchase of 336,200 shares of the Company's Series A Convertible Preferred Stock (the "Preferred Stock"). In order to induce the Initial Purchaser to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement. The Company agrees with the Initial Purchaser, (i) for its benefit as Initial Purchase

Bolder Technologies Corp – 1996 EQUITY INCENTIVE PLAN (October 16th, 1997)

1 BOLDER TECHNOLOGIES CORPORATION 1996 EQUITY INCENTIVE PLAN ADOPTED MARCH 6, 1996 APPROVED BY STOCKHOLDERS APRIL 30, 1996 AS AMENDED THROUGH APRIL 17, 1997 1. PURPOSES. (a) The purpose of the Plan is to provide a means by which selected Employees and Directors of and Consultants to the Company and its Affiliates may be given an opportunity to benefit from increases in value of the stock of the Company through the granting of (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) stock bonuses, (iv) rights to purchase restricted stock, and (v) stock appreciation rights, all as defined below. The Plan is successor to, and restatement of, the Company's 1992 Incentive Stock Option Plan and Non-Qualified Stock Option Plan. (b) The Company, by means of the Plan, seeks to retain the services of persons who are no

Bolder Technologies Corp – SECURITY AGREEMENT (March 28th, 1997)

1 EXHIBIT 10.41 SECURITY AGREEMENT THIS SECURITY AGREEMENT dated as of March 4, 1997, is made by Bolder Technologies Corporation (the "Borrower"), a Delaware corporation having its principal place of business and chief executive office at 5181 Ward Road, Wheat Ridge, Colorado 80033, in favor of Transamerica Business Credit Corporation, a Delaware corporation (the "Lender"), having its principal office at Riverway II, West Office Tower, 9399 West Higgins Road, Rosemont, Illinois 60018. WHEREAS, the Borrower has requested that the Lender make Loans to it from time to time; and WHEREAS, the Lender has agreed to make such Loans on the terms and conditions of this Security Agreement. NOW, THEREFORE, in consideration of the premises and to induce the Lender to extend credit, the Borrower hereby agrees with the Lender as follows: SECTION 1.

Bolder Technologies Corp – AGREEMENT (February 5th, 1997)

1 CERTAIN CONFIDENTIAL MATERIAL CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. AGREEMENT This Agreement (the "AGREEMENT") is made and entered into as of the 31st day of July, 1996 (the "EFFECTIVE DATE") by and among Bolder Technologies Corporation, a Delaware corporation ("BTC"), Johnson Controls Battery Group, Inc., a Wisconsin corporation ("JCI") and Johnson Controls/Bolder LLC, a Delaware limited liability corporation ("JV") (BTC, JCI and JV are referred to collectively herein as the "PARTIES" and

Bolder Technologies Corp – CROSS SUPPLY AGREEMENT (February 5th, 1997)

1 CERTAIN CONFIDENTIAL MATERIAL CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CROSS SUPPLY AGREEMENT This Cross Supply Agreement (the "Agreement") is made and entered into as of the 22nd day of January, 1997 (the "Effective Date") by and between Bolder Technologies Corporation, a Delaware corporation ("BTC"), and Johnson Controls Battery Group, Inc., a Wisconsin corporation ("JCI"). RECITALS WHEREAS, BTC and JCI are entering into an Agreement of even date he