Electrovaya Inc

  • Toronto, Ontario –
  • December 10, 2002
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4.Share capital (continued)maximum adjustment of an additional three common shares for each special warrant held. As a result of the offering price per common share described in note 4(a)(i) being less than $8.00, each special warrant holder received 1.58 additional common shares for each special warrant held for no additional consideration. The Company filed a prospectus dated November 1, 2000 relating to the qualification for distribution of 8,589,922 common shares of the Company upon the exercise, without payment of additional consideration, of 1,875,000 special warrants.As additional compensation to the agent, the Company granted 93,750 compensation warrants. Each compensation warrant entitled the holder to receive, without additional payment, one compensation option. Each compensation option entitled the holder to acquire three common shares of the Company for $5.33 per common share until January 10, 2002. The compensation options are subject to a similar adjustment to that described above as a result of the offering price per common share being less than $8.00. The 93,750 compensation warrants expired on January 10, 2002 unexercised.(iii)On November 9, 2000, the Company issued, for no consideration, a total of 25,000 charitable warrants to three charitable organizations. Each charitable warrant entitles the holder to receive, for cash consideration of $5.24 (Cdn $8.00), one common share. The charitable warrants are fully vested, non-transferable and will expire on November 9, 2010. The warrants remain outstanding at September 30, 2002.(b)Stock optionsThe Company has reserved up to 5,400,000 common shares for issuance under the stock option plan. Stock options are non-assignable and may be granted for terms of up to 10 years. Stock options vest at various periods from zero to three years.