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Lithium Technology Corp – ‘10KSB’ for 12/31/02 – EX-10.40

On:  Tuesday, 4/15/03, at 5:26pm ET   ·   For:  12/31/02   ·   Accession #:  1021408-3-6135   ·   File #:  1-10446

Previous ‘10KSB’:  ‘10KSB’ on 3/28/02 for 12/31/01   ·   Next:  ‘10KSB’ on 4/14/04 for 12/31/03   ·   Latest:  ‘10KSB/A’ on 9/8/08 for 12/31/07

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 4/15/03  Lithium Technology Corp           10KSB      12/31/02   22:1.1M                                   Donnelley R… Fin’l/NY/FA

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-10.40   —   Grant Notification Dated September 11, 2000

EX-10.401st Page of 8TOCTopPreviousNextBottomJust 1st
 

Exhibit 10.40 Federal Ministry of Education and Research (Germany), Grant Notification to GAIA, dated September 11, 2000
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[Letterhead of Federal Ministry of Education and Research] Date 09.11.2000 BMBF D-53170 Bonn GAIA Akkumulatorenwerke GmbH Research Montaniastrasse 17 99734 Nordhausen Notification of a grant Subj.: Grant under the federal budget, department budget 30, chapter 3006, title 683 12, 2000 financial year, for the project: "Collaborative project: Energy supply platform for autonomous microsystems - microsolar; subproject: battery technology" Promotion identification no.: 16SV1119 Re: Your application dated 13.06.2000, the subsequent deliveries of 24.08., 28.08., 14.09., 19.09., and 26.09.2000 Encl.: - Copy "Supplementary Provisions for Grants on a Cost Basis" of the BMBF - NKBF 98 - (status as per 01.03.1999 - print 2000)" - Total preliminary calculation - Overview of the special information centres and nation-wide information facilities - Copy "Notes on the Completion of the Report Sheet and the Document Control Sheet" - Printed form "Report Sheet/Document Control Sheet" - Printed form "Acknowledgement of Receipt" - Notes for Recipients of Payments - Further supplementary regulations and notes - Printed form "Notification of the Promotion Identification No. for Registrations of Proprietary Rights" (according to no. 10.3 NKBF 98) - List of collaborators - Printed form for recording hours
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-2- Dear Sir or Madam, 1. Amount of the grant / type and form of financing / project-tying / appropriation period / payment schedule As a project aid, I allocate to you a non-repayable grant of 40 % of your total production costs actually incurred which are eligible for subsidisation and are to be established on the basis of actual costing, however a maximum amount of DM 765,941.00 (in words: seven - six - five - nine - four - one Deutsche Mark) (proportional financing). The grant is purpose-tied; it may only be used for the above project in accordance with your application dated 13.06.2000 including any supplements (see reference) and the enclosed total preliminary calculation amended by me after consultation with you. The allocation requires that the total financing of the project remains hedged. The notification of the grant applies for the period from 01.11.2000 until 31.10.2003 (appropriation period). Only the costs incurred for the project in the appropriation period may be claimed under the grant. I intend to provide the grant in cash as follows: DM 0.00 in the 2000 financial year DM 157,148.00 in the 2001 financial year DM 73,732.00 in the 2002 financial year DM 420,170.00 in the 2003 financial year DM 114,891.00 in the 2004 financial year. Should there be a change in the timing of your funding requirements compared to your application, I am to be informed of this fact without delay so that an attempt can be made to cater for the payments schedule.
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-3- 2. Supplementary regulations and notes The enclosed NKBF 98 supplementary regulations are a part of this notification subject to the regulations set forth below: In addition, further supplementary regulations and notes apply as follows and as enclosed in the annex: - Authorization by the European Commission The promotional measure for micro-system technology underlying the grant was authorized by the European Commission on 05.10.1993 (subsidy no. N 539/93). - Lump-sum settlement procedure The costs shall be billed based on the lump-sum procedure according to no. 5.6 NKBF 98. It is not possible to change from the lump-sum accounting method to the accounting method based on cost-plus pricing formulae within the scope of this project. The "time sheets for lump-sum accounting" according to no. 19.4 NKBF 98 are only to be sent if especially requested. - Cooperation with third parties The project is to be carried out in cooperation with the companies and institutions shown in the list of collaborators. The cooperation is to be described in the case reports. - Notes for Recipients of Payments The "Notes for Recipients of Payments" enclosed with this notification must be observed.
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-4- - Requirements for payment of the grant The grant cannot be paid until the notification has become legally valid after the expiry of the period of appeal and after all other requirements have been satisfied. You can bring about the legal validity of the notification of the grant earlier if you declare that you waive filing an appeal on the acknowledgement of receipt (printed form enclosed). A printed form for demanding the payment of the grant has already been enclosed with the notification of the grant if the payment schedule has planned that a payment is in the current financial year. If you do not waive the filing of an appeal in the acknowledgement of receipt, you must wait until the period of appeal has expired and, if applicable, enclose a statement with the first demand for payment explaining that you have not filed an action at the administrative court. - Calling in a project sponsor As the project sponsor for the sponsoring field of microsystems technology, VDI/VDE Technologiezentrum Informationstechnik GmbH, Rheinstrasse 10 B, D-14513 Teltow (phone: 03328/435 258) is authorised to process the grant in the name and for account of the BMBF/1/) and to take the legal actions required for this purpose independently in accordance with the directives issued by BMBF. I therefore request you to send all the records concerning the implementation and processing of the project to the project sponsor. 3. Instructions on legal remedies You may bring an action against this notification within one month after the announcement thereof at the Court of Administration in Cologne, Appellhofplatz, 50667 Cologne in writing or by declaring this orally to the recording clerk of the court. ----------------------------------- /1)/ Federal Ministry for Education and Research
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-5- The action must name the plaintiff, the defendant and the subject matter of the plaintiff's claim. It should contain a specific application. The facts serving to substantiate the case and evidence should be stated. The action and annexes should be enclosed in as many copies as required to enable each party involved to receive one copy. Yours sincerely By order von Schaewen This copy of the notification was issued using EDP facilities and is therefore not signed.
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Status: 13.11.2000 TOTAL PRELIMINARY CALCULATION for the period from 01.11.2000 until 31.10.2003 Subject of the project 16SV1119: Collaborative project: Energy supply platform for autonomous microsystems (microsolar) - subproject: battery technology 0813 Materials 0.00 0023 R&D outside services 0.00 0837 Personnel expenses 1,914,855.00 0838 Travelling expenses 0.00 0847 Project-specific depreciation 0.00 0848 Tax depreciation, other 0.00 0850 Other direct project costs 0.00 0856 Costs of internal services 0.00 0860 Administrative costs 0.00 0899 Summary 0.00 0881 Total production cost of the project (Total.../1/) 1,914,855.00 0882 Capital resources of the applicant 1,148,914.00 0883 Third-party funds/inflows 0.00 0884 Grant 765,941.00 Cash provision Year Amount until 1999 0.00 2000 0.00 2001 157,148.00 2002 73,732.00 2003 420,170.00 2004 114,891.00 All the amounts are stated in DM ------------------- /1/ Partly illegible and abbr. unknown
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Federal Ministry for Education and Research (BMBF) Bonn, 9 November 2000 S14-4013-16SV1119 Annex to the notification of the grant for Gaia Akkumulatorenwerke GmbH, Nordhausen [Enlarge/Download Table] List of collaborators Promotion identification no. -------------------------------------------------------------------------------------------- Frauenhofer-Gesellschaft zur Forderung der 16SV1118 angewandten Forschung e.V., Munich Gaia Akkumulatorenwerke GmbH, Nordhausen 16SV1119 STECA GmbH, Memmingen 16SV1120 Zentrum fur Sonnenenergie- und Wasserstoff-Forschung Baden-Wurttemberg, Stuttgart 16SV1121 Insta Elektro GmbH & Co. KG, Ludenscheid 16SV1204

Dates Referenced Herein   and   Documents Incorporated by Reference

Referenced-On Page
This ‘10KSB’ Filing    Date First  Last      Other Filings
Filed on:4/15/038-K/A
For Period End:12/31/02NT 10-K
9/11/001
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