Jeg får jo inderlig håper at du ikke eier aksjer i Nel @Hellcat. For jeg leser årsrapporter i Nel og jeg kan gi deg følgende tekst fra daværende CEO Jon Andre Løkke:
" We had several exciting announcements during
2018, and one of them truly underlines the new
trends that we see in the market: The announced
partnership with Nikola and CEO, Trevor Milton. Nel
is very proud of this opportunity to deliver 1 GW of
electrolyzers and related fueling station equipment.
We look forward to our continued work with Nikola
to develop the world’s largest network of renewable
hydrogen production and fueling sites."
Derfor kommer Finanstilsynet til å gjøre undersøkelser, for faktum er Nel idag 5 år senere aldre har bygget verdens største H2 produksjon og H2 fyllestasjoner for Nikola. Det har aldri blitt gjort. Løkke skriver også at de skal levere 1 GW med elektrolystører til Nikola. ( dette skulle være da verdens største elektrolysørerkontrakt) Det har heller aldri blitt gjort. Hele finansmarkedet har blitt holdt for narr av Mr. Løkke i over 5 år, og Løkke skal han redde sitt skinn ved å kjempe seg som styreformann i Cavendish for begrense sitt potensielle store tap i søksmålet fra deres Japanske kunde Iwatani.
"Gasselskapet Iwatani Corporation saksøker Nel i USA. I tillegg er både nåværende CEO og tidligere toppsjef CEO Jon Andre Løkke er personlig saksøkt. "
Jeg fant Nikola og Nel kontrakten fra JUSTISA her. Kikk litt på den, så ser at Løkke har holdt verden for narr...Les dette "no less than a total of 448 electrolysers"
Supply Agreement by and between Nel ASA and Nikola Corporation (formerly Nikola Motor Company, LLC), dated June 28, 2018
Contract Categories: Business Operations - Supply Agreements
[*] Indicates that certain information in this exhibit has been excluded because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
AGREEMENT
between
Name: Nel ASA
Org.no.: 979938799
Address: Karenslyst allé 20, 0278 Oslo, Norway
hereinafter referred to as “Supplier” and
Name: Nikola Motor Company LLC
Address:1130 S. 3800 W. #200SLC, Utah 84104
hereinafter referred to as “Purchaser”.
either or both of whom may hereinafter be referred to as the “Party” or the “Parties”.
(a) Supplier and Purchaser entered into a framework agreement on 13 November 2017 (the “Framework Agreement”) summarising the principal terms for their cooperation in connection with a proposed supply agreement for the purchase of electrolyser stacks, compressors, cooling and dispensing systems (excluding storage tanks, transformers, rectifiers, buildings, enclosures or construction work) for the design and construction by the Purchaser of two demonstration stations and fourteen commercial electrolyser-based hydrogen production and dispensing stations.
(b) According to the Framework Agreement the Purchaser has ordered supply from the Supplier for the two demonstration stations described therein.
(c) Supplier and Purchaser now want to enter into a supply agreement (the “Supply Agreement”) where Purchaser commits to buy exclusively from Supplier, no less than a total of 448 electrolysers, which include the accompanying cooling and dispensing systems and other agreed components, and Supplier commits to supply these components and any other agreed components and services, for commercial electrolyser-based hydrogen production and dispensing stations to be constructed and equipped as decided by Purchaser (hereinafter referred to as the “Stations” and each a “Station” as defined in Article 2.2), each with [*] electrolysers with the [*] and a [*].
(d) The overall objective for the Parties in entering into the Supply Agreement is to develop a fuelling station design with the target capital expenditure [*] for the [*] (excluding storage tanks, transformers, rectifiers, buildings, enclosures or construction work), and to establish Supplier as Purchaser’s exclusive supplier of Products (as defined in Article 2.2).
The Parties hereto agree as follows:
2. THE SUPPLY AGREEMENT
2.1 Contract’s order of precedence
The following contract documents shall be deemed to form and be read and construed as part of the Supply Agreement;
(1) This contract document (hereinafter also referred to as the “Contract”)
(8) A Purchase Order (as defined in Article 2.2) signed by both Parties
In the event of any ambiguity or contradiction between provisions contained in any of the above contract documents, then the documents shall take precedence in the order they are set out above.
The Supply Agreement constitutes the entire agreement between the Parties and supersedes all previous negotiations, representations or agreements.
2.2 Definitions
In this Supply Agreement, in addition to the defined terms set out in Article 1 or elsewhere in the agreement, the following terms shall have the following meanings hereunder assigned to them:
· “Commercial Pre-engineering Package”: pre-engineering of the Stations with an estimated cost of [*], to be executed in the period from September 2018 to 31 March 2019, and to be ordered as Services and charged by the hour in accordance with Article 7.3 and Appendix B.
2
· “Confidential Information”: information defined as confidential information in the Non-Disclosure Agreement, Appendix D.
· “Consultancy Error”: a breach of contractual performance of Services which is due to a failure to satisfy the requirement of proper professional conduct and care.
· “Engineering and Supplier Monitoring Services”: engineering and supplier monitoring services ordered by Purchaser from Supplier which relates to supply to the Stations other than the Products.
· “Installation support and Commissioning Services”: installation support and commissioning services ordered by Purchaser from Supplier which relates to supply to the Stations other than the Products.
“Operation and Maintenance Services”: operation and maintenance services ordered by Purchaser from Supplier which relates to the overall Station and the Products.
· [*]
· “Part Royalty”: the [*] royalty payable to Supplier from Purchaser for everything ordered or manufactured by Purchaser for the Stations beyond the Products.
· “Products”: [*] specified in Column L of Appendix A (Supply Chain & Production Scope of NEL Supply) and the Technical Specifications of Products, Appendix C, of which Supplier is sole supplier to the Stations, excluding compressors below [*] bar, storage tanks, buildings, enclosures and construction work.
· “Product Price”; the price for the Products specified in any Purchase Order.
· “Purchase Order”: a purchase order from the Purchaser to the Supplier according to Article 6 herein, duly signed by both Parties.
· “Purchase Order Price”: the price for Work specified in any Purchase Order.
· “Services”: Engineering and Supplier Monitoring Services, Installation support and Commissioning Services and Operation and Maintenance Service.
· “Station”: a commercial electrolyser-based hydrogen production and dispensing station with Products supplied by Supplier as further described in Appendix A, and in Article 4.1 herein, each with [*] electrolysers and with the [*] and a production capacity of [*].
· [*]
· “Work”: the Products and equipment and services supplied by Supplier to Purchaser under this Supply Agreement and any Purchase Order.
3. THE COOPERATION AND GENERAL OBLIGATIONS OF THE PARTIES
3.1 Reciprocal general obligations
The Parties shall cooperate loyally and inform each other without undue delay of matters which they understand will be of significance to the other Party’s performance pursuant to the Supply Agreement.
The Parties shall provide [*] to the other Party related [*] of all Station parts in an effort to drive down total Station construction costs. This obligation however, shall always be subject to applicable competition laws and regulations.
The Parties shall treat Confidential Information strictly confidential and comply with the restrictions set out in the Non-Disclosure Agreement in Appendix D.
3.2 Purchaser’s general obligations
Purchaser shall have the following general obligations:
· To use Supplier as the exclusive supplier of Products for the Stations until Products for a total production capacity of [*] have been ordered. Supplier commits to offer the Purchaser market leading electrolyser stacks under this Supply Agreement. [*]. The Parties shall discuss in good faith how to incorporate alternative electrolyser stacks into the Stations and how to deal with Supplier’s materials...
7.6 Terms of payment
Payment for Products shall be made in accordance with Clauses 46-51 of Orgalime SI 14 with the following deviations:
· “Contract Price” means “Purchase Orders.
12. SIGNATURE

The Supply Agreement has been entered into on the date of both Parties’ duly authorized representatives’ signature.

For and on behalf of
Nel ASA

For and on behalf of
Nikola Motor Company

Signature:
/s/ Jon Andre Løkke

Signature
/s/ Trevor Milton
Name: Jon Andre Løkke

Name: Trevor Milton
Title:CEO
Title:President & CEO
Date: 28 June 2018
Date:28 June 2018