Annual Report — Small Business — Form 10-KSB
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 10KSB Lithium Technology Corporation Form 10-Ksb HTML 847K
2: EX-3.1 Restated Certificate of Incorporation 11 41K
3: EX-3.2 By-Laws 15 54K
4: EX-10.14 Second Amendment to Lease, Dated March 21, 2003 4 17K
5: EX-10.38 Consultancy Agreement Dated August 19, 2002 4 13K
6: EX-10.39 Consultancy Agreement Dated August 19, 2002 4 13K
7: EX-10.40 Grant Notification Dated September 11, 2000 8 21K
8: EX-10.41 Grant Notification Dated September 10, 2001 6 20K
9: EX-10.42 Grant Notification Dated July 31, 2002 4 19K
10: EX-10.43 Loan Contract No. 1101216000 Dated June 24, 1998 7 23K
11: EX-10.44 Loan Dated July 22, 1998 4 24K
12: EX-10.45 Loan Contract and Subordination Agreement 4 13K
13: EX-10.46 Gaia and Frankendael Agreement 7 20K
Participatiemaatschappij N.V.
14: EX-10.47 Partnership Agreement Between Gaia and Tamarchco 7 21K
Gmbh
15: EX-10.48 Partnership Agreement Between Gaia and Tamarchco 7 20K
Gmbh
16: EX-10.49 Partnership Agreement Between Gaia and Tamarchco 7 20K
Gmbh
17: EX-10.50 Employment Agreement-Franz Kruger 9 36K
18: EX-10.51 Employment Agreement-Ralf Tolksdorf 9 36K
19: EX-10.52 Bridge Financing Amendment Agreement 3 15K
20: EX-21.1 List of Subsidiaries 2 8K
21: EX-23.1 Consent of Pricewaterhousecoopers LLP, 2 10K
Philadelphia, Pennsylvania
22: EX-23.2 Consent of Pricewaterhousecoopers Accountants N.V. 2 10K
EX-10.42 — Grant Notification Dated July 31, 2002
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Exhibit 10.42
Federal Ministry of Economics and Technology (Germany), Grant Notification to
GAIA, dated July 31, 2002
[Letterhead of FEDERAL MINISTRY OF ECONOMICS AND TECHNOLOGY]
[Enlarge/Download Table]
File no.: V1 A6 - 402600/3
(Please quote in correspondence)
Federal Ministry of Economics and Technology D-11019 Berlin
GAIA Akkumulatorenwerke GmbH Berlin, 31 July 2002
Montaniastrasse 17
Important note:
99734 Nordhausen Please send all questions concerning the grants
or written correspondence to the project sponsor
directly, AiF, Berlin Office, Tschaikowskistr. 49,
13156 Berlin
Person in charge: Mr Stahl
Tel.: (030) 48153 504
e-mail: stahlj@forschungskoop.de
Notification of the grant under the PROgramme "INNOvation competence of
mid-sized companies"; type of project: cooperation project
Subj.: Grants under the federal budget, department budget 09, chapter 0902,
title 68352 for the project:
Development of the lithium-ion polymeric accumulator design
Promotion identification: KF 0361601KJS2
Re: Your application dated 14.02.2002
Encl.: 1 annex "Notes and Requirements"
1 printed form "Acknowledgement of Receipt"
1 printed form "Time Sheets"
1 sheet "Notes for Recipients of Grants"
Printed forms "Request for Payment"
1 printed form "Proof of Employment of Funds, Section: Case Report"
1 printed form "Proof of Employment of Funds, Section: Proof of
Figures"
1 copy of the supplementary regulations on the PROgramme "INNOvation
competence"
Dear Sir or Madam,
I allocate to you a non-repayable grant of up to(Euro)74,448
(in words: seven - four - four - four - eight EUR)
however, at the maximum 35 % of the actual expenditure eligible for
subsidization, proof of which must be furnished, amounting to (Euro) 216,200
(proportional financing) .
The notification of the grant applies for the period from 15.02.2002 until
30.11.2003 (appropriation period).
Translator's note: receipt stamp dd. 02.08.02 is positioned underneath address
at top of page on original
-2-
The grant is purpose-tied and may only be used for the cooperation project
within the meaning of the directive on the PROgramme "INNOvation competence"
applicable at the time of the application subject to your application and only
for the expenses incurred for the project in the appropriation period.
The federal grant is provided subject to the availability of the allotted budget
funds.
I proceed on the assumption that the grant will be required in cash as follows:
(Euro) 27,554 in the 2002 financial year
(Euro) 34,859 in the 2003 financial year
(Euro) 12,035 in the 2004 financial year.
The project sponsor must be notified without delay if there is a change to the
time schedule of the cash requirement so that an attempt can be made to comply
with the amended payment schedule.
Supplementary regulations
The enclosed supplementary regulations of the BMWi/1/ on the PROgramme
"INNOvation competence" are a part of this notification.
I reserve the right to revoke the notification for compelling reasons, in
particular if the basic conditions for promotion cease to be met (reservation of
revocation pursuant to section 49 (2) no. 1 in conjunction with section 36 (2)
no. 3 Law on Administrative Procedure).
The grant is a subsidy within the meaning of section 264 (7) no. 1 of the German
Penal Code [Strafgesetzbuch]. On page 4 of the application form you were
instructed on the facts of significance for the subsidy and on the criminal
liability of subsidy fraud pursuant to section 204 StGB and confirmed this by
affixing your signature. This statement hereby becomes a part of the
notification of the grant.
Furthermore, the following notes and requirements enclosed as an annex also
apply:
- I have commissioned the Arbeitsgemeinschaft industrieller
Forschungsvereinigungen e.V. (AiF), Berlin office, with project
sponsorship.
- The project sponsor is to be granted access to the information required on
the project for it to perform its duties. After prior consultation with
you, the project sponsor is entitled to monitor the progress of work on the
project and to inspect all the documents required for this purpose.
- The project shall be carried out in cooperation with the partner(s) stated
in the application. The cooperation is to be presented in case reports. If
a cooperation partner is not eligible for filing an application, you will
be the point of contact on all issues which concern its expenditure and
performance.
- Printed forms are enclosed for furnishing proof of the employment of funds.
- The beneficiary shall notify the project sponsor of overpayments which have
resulted after the completion of the project without delay and, upon the
project sponsor's request, repay these to the account named by the project
sponsor by stating the promotion identification no. in favour of the
accounting centre 0902/68352 without delay.
Interest is to be paid on the claim for reimbursement in accordance with
section 49a Law on Administrative Procedure [VwVfG] at 3 % above the basic
interest rate according to section 247 German Civil Code [BGB] each year.
After receipt of the repayment, the project sponsor will stipulated the
interest payable, which is also to be transferred by the beneficiary to the
same account by stating the promotion identification no. in favour of the
accounting centre 0902/11999.
-----------------
/1/ Federal Ministry of Economics and Technology
- The grant cannot be paid until the notification has become legally valid
after the expiry of the period for filing an appeal.
You can bring about the legal validity of the notification of the grant
earlier and accelerate payment in this manner if you declare that you waive
legal redress on the acknowledgement of receipt (printed form is enclosed).
- For demanding the grant according to no. 1.4 of the supplementary
regulations, printed forms have been enclosed with the notification of a
grant. If you do not waive the filing of an appeal with the acknowledgement
of receipt, you must wait until the period of appeal has expired and
enclose a statement with the first demand for payment explaining that you
have not filed an action at the administrative court.
The enclosed "Notes for Recipients of Payments" are to be observed for the
demands for payment.
- As the project sponsor for the PROgram "INNOvation competence...", the
Arbeitsgemeinschaft industrieller Forschungsvereinigungen e.V. (AiF) -
Berlin office - is authorized to process the grant in the name and for the
account of the BMWi and to take the legal action required in this
connection independently in accordance with the directive issued by the
BMWi and the above supplementary regulations. I therefore request you to
send all the records concerning the implementation and processing of the
project to the project sponsor.
Instructions on legal remedies
You may bring an action against this notification within one month after the
announcement.
The action is to be brought before the Berlin Court of Administration,
Kirchstrasse 7, 10557 Berlin, in writing or declared orally to the recording
clerk of the court.
The action must name the plaintiff, the defendant and the subject matter of the
plaintiff's claim. The defendant is the Federal Republic of Germany, represented
by the Federal Ministry of Economics and Technology (BMWi). The action must
contain a specific application. The facts serving to substantiate the case and
evidence should be stated.
The action and all written pleadings should be enclosed in as many copies as
required to ensure that all parties involved receive one copy.
Yours faithfully,
By order
Dr. Kampmann
This notification was issued with the aid of automatic facilities and is valid
without a signature.
Dates Referenced Herein and Documents Incorporated by Reference
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