Amendment to Rights Agreement between Bolder Technologies Corporation and American Stock Transfer & Trust Company

Summary

Bolder Technologies Corporation and American Stock Transfer & Trust Company have agreed to amend their existing Rights Agreement, originally dated January 23, 1998. The amendment changes the term "Excluded Stockholder" to "Excluded Person" in Section 1(h) of the agreement. This change is effective as of January 23, 1998, and the amendment is legally binding upon execution by both parties.

EX-4.1 3 d81680ex4-1.txt AMENDMENT TO RIGHTS AGREEMENT 1 EXHIBIT 4.1 AMENDMENT TO THE RIGHTS AGREEMENT Pursuant to Section 27 of the Rights Agreement between Bolder Technologies Corporation (the "Company") and American Stock Transfer & Trust Company, dated as of January 23, 1998 (the "Rights Agreement"), the Company hereby submits the following amendment to the Rights Agreement: The term "Excluded Stockholder" in Section 1(h) of the Rights Agreement shall be amended to read "Excluded Person." This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF and intending to be legally bound, the parties have executed this Amendment on November 8, 1999, such Amendment to be effective as of January 23, 1998. COMPANY: RIGHTS AGENT: BOLDER TECHNOLOGIES CORPORATION AMERICAN STOCK TRANSFER & TRUST CO. By: /s/ Joseph F. Fojtasek By: /s/ Wilbert Myles ------------------------------------- -------------------------------- Name: Joseph F. Fojtasek Name: Wilbert Myles ----------------------------------- ------------------------------ Title: Vice President, CFO and Secretary Title: Vice President ---------------------------------- ----------------------------- 1.