Attached files
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| EX-10.1 - EX-10.1 - ENER1 INC | v200738_ex10-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
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Date
of Report (Date of Earliest Event Reported):
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October
29, 2010
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Ener1,
Inc.
(Exact
name of registrant as specified in its charter)
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Florida
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001-34050
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59-2479377
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(State
or other jurisdiction
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(Commission
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(I.R.S.
Employer
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of
incorporation)
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File
Number)
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Identification
No.)
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1540 Broadway, Suite 25C, New
York,
New York
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10036
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code:
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212
920-3500
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Not
Applicable
Former
name or former address, if changed since last report
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
¨ Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
¨ Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
1.01 Entry into a Material Definitive Agreement.
On
October 29, 2010, a Supply Agreement (the “Supply Agreement”) entered into by
Ener1, Inc. (“Ener1”) and Joint Stock Company “Mobile Gas Turbine Electric
Powerplants,” a Russian corporation (“MGTES”), became binding and
effective. The Supply Agreement was entered into on October 6, 2010,
but did not become binding and effective on both parties until October 29,
2010. Under the Supply Agreement, Ener1 has agreed to manufacture and
sell, and MGTES has agreed to purchase, certain lithium-ion battery units to be
used by MGTES to power grid energy storage systems in Russia. The
total purchase price for the units is $40,000,000, the payment of which will be
made in installments over a period of approximately two years, and each
installment payment will be subject to the satisfaction of specified production,
inspection and performance conditions. Although we anticipate that
the contract will be completed by the end of 2012, no assurances can be made
that all installment payments will be received by us in full or on a timely
basis. The foregoing description of the Supply Agreement is qualified
in its entirety by the full text of the Supply Agreement, which is attached
hereto as Exhibit 10.1, and which is hereby incorporated herein by
reference. Confidential
portions of the Supply Agreement have been omitted and filed separately with the
Securities and Exchange Commission.
Item
9.01 Financial Statements and Exhibits.
Exhibit
10.1 Supply Agreement between Ener1, Inc. and Joint Stock Company “Mobile Gas
Turbine Electric Powerplants,” effective as of October 29,
2010.
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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Ener1,
Inc.
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November
2, 2010
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By:
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/s/ Charles Gassenheimer
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Name:
Charles Gassenheimer
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Title:
Chief Executive
Officer
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Exhibit Index
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Exhibit No.
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Description
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10.1
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Supply
Agreement between Ener1, Inc. and Joint Stock Company “Mobile Gas Turbine
Electric Powerplants,” effective as of October 29,
2010.
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