WARRANT TO PURCHASE COMMON STOCK OF ENER1, INC.Ener1 Inc • January 21st, 2004 • Telephone & telegraph apparatus
THIS CERTIFIES that ______________________ or any subsequent holder hereof (the “Holder”), has the right to purchase from ENER1, INC., a Florida corporation (the “Company”), up to __________ fully paid and nonassessable shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), subject to adjustment as provided herein, at a price per share equal to the Exercise Price (as defined below), at any time beginning on the date on which this Warrant is issued (the “Issue Date”) and ending at 7:00 p.m., eastern time, on the date that is the tenth (10th) anniversary of the Issue Date (the “Expiration Date”). This Warrant is issued pursuant to a Securities Purchase Agreement, dated as of January 16, 2004 (the “Securities Purchase Agreement”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in the Securities Purchase Agreement.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 21st, 2004 • Ener1 Inc • Telephone & telegraph apparatus • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of January 16, 2004, by and between ENER1, INC., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 21st, 2004 • Ener1 Inc • Telephone & telegraph apparatus • New York
SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of January 16, 2004, by and between ENER1, INC., a Florida corporation (the “Company”), and each of the entities whose names appear on the signature pages hereof. Such entities are each referred to herein as an “Investor” and, collectively, as the “Investors”.
ENER1 BATTERY COMPANY, formerly known as ENER1 USA INCORPORATED, as mortgagor (Mortgagor) to SATELLITE ASSET MANAGEMENT, L.P., as agent (Satellite) and THE PARTIES LISTED ON SCHEDULE 1 HERETO, as mortgagees MORTGAGE, SECURITY AGREEMENT ANDASSIGNMENT...Ener1 Inc • January 21st, 2004 • Telephone & telegraph apparatus
The West 1/2 of Lot 40, of FORT LAUDERDALE INDUSTRIAL AIRPARK SECTION 2, according to the map or plat thereof, as recorded in Plat Book 63, Page 8, of the Public Records of Broward County, Florida, less the South 5 feet.
SUBSIDIARY GUARANTYSubsidiary Guaranty • January 21st, 2004 • Ener1 Inc • Telephone & telegraph apparatus • New York
THIS GUARANTY (this “Guaranty”), dated as of January __, 2004, is made by ENER1 BATTERY COMPANY, INC., a Florida corporation (the “Guarantor”), in favor of the investors (the “Investors”) party to the Purchase Agreement (as hereinafter defined). This Guaranty is being given by Guarantor in connection with that certain Securities Purchase Agreement, dated as of the date hereof (the “Purchase Agreement”), by and between Ener1 Inc., a Florida corporation and parent company of the Guarantor (the “Borrower”), and the Investors. Capitalized term used and not otherwise defined herein shall have the meaning ascribed thereto in the Purchase Agreement.
SECURITY AGREEMENTSecurity Agreement • January 21st, 2004 • Ener1 Inc • Telephone & telegraph apparatus • Florida
Collateral Location: Jurisdiction of Incorporation: Executive Offices: Ener1 Battery Company 550 West Cypress Creek Road, Suite 120 Ft. Lauderdale, Florida 33309 1751 West Cypress Creek Road, Ft. Lauderdale, Florida 33309 (other than Loaned Equipment, all of which, as of the date hereof, are located at the address specified on Exhibit B to the Agreement) Ener1 Battery Company - State of Florida
