To: Jacques Tenzel who wrote (25620 ) 11/11/2002 6:10:05 PM From: P. Ramamoorthy Respond to of 27311 >>Is this USABC business independent of our relationship with Dephi (which I assume is still ongoing)? Or are the two very much intertwined?<< Jacques, I had a few minutes to check on this. From the SEC filings, it appears that the large format Saphion technology based battery production (patents and manufacturing know-how in NI) commenced well after Delphi agreement was terminated in 1998. We do not know the terms of their joint development contract. The Company, not the message boards, can give a better answer to your question on Delphi-VLNC intellectual property issues. Stephan needs to clarify whether the Saphion technology falls under the lithium polymer battery technology in the Delphi agreement. I recall Lev issuing a press release after VLNC got the phosphate patent. Ram CONFORMED PERIOD OF REPORT: 12/28/1997 FILED AS OF DATE: 02/11/1998 Substantially all revenues to date have been derived from a research and development contract with the Delphi Automotive Systems Group ("Delphi," formerly the Delco Remy Division), and operating group of the General Motors Corporation. The Company has incurred cumulative losses of $119,824,000 from its inception to December 28, 1997. RESULTS OF OPERATIONS THREE AND NINE MONTHS ENDED DECEMBER 28, 1997 AND DECEMBER 29, 1996 (THIRD QUARTER AND FIRST NINE MONTH PERIODS OF FISCAL 1998 AND FISCAL 1997, RESPECTIVELY). During the three and nine month periods ended December 28, 1997, the Company continued development activities under a research and development agreement with Delphi. Payments were generally made in accordance with the achievement of certain milestones. No revenues were recognized during the first three and nine month periods of fiscal 1998 and 1997. In September, 1994 the Company and Delphi signed a new five year agreement to combine efforts in developing the Company's rechargeable solid state lithium polymer battery technology. Under the agreement, Delphi and the Company combined their research and development activities in a new facility in Henderson, Nevada. The new facility is owned by the Company, with Delphi paying a fee of $50,000 per month over the five year term of the new agreement for access to the Company's research and development (of which $150,000 and $450,000 were recognized during the third quarter and first nine months of fiscal 1998, and fiscal 1997, respectively, as an offset to research and product development expenses). In addition, Delphi is paying a majority of the facility's operating costs over the term of the new five year agreement. The Company is treating both of these payments as an offset to research and development expense. ============================= CONFORMED PERIOD OF REPORT: 06/28/1998 FILED AS OF DATE: 08/11/1998 RESULTS OF OPERATIONS THREE MONTHS ENDED JUNE 28, 1998 AND JUNE 29, 1997. During the three months ended June 28, 1998, the Company continued development activities under a research and development agreement with Delphi. Payments were generally made in accordance with the achievement of certain milestones. No revenues were recognized during the first three months of both fiscal 1999 and fiscal 1998. In September, 1994 the Company and Delphi signed a new five year agreement to combine efforts in developing the Company's rechargeable solid state lithium polymer battery technology. Under the agreement, Delphi and the Company combined their research and development activities in a new facility in Henderson, Nevada. The new facility is owned by the Company, with Delphi paying a fee of $50,000 per month over the five year term of the new agreement for access to the Company's research and development (of which $150,000 was recognized during the first three months of both fiscal 1998 and fiscal 1997, as an offset to research and product development expenses). In addition, Delphi is paying a majority of the facility's operating costs over the term of the new five year agreement and is anticipated to do so through August 1998. The Company is treating both of these payments as an offset to research and development expense.In May 1998, the Company and Delphi announced the completion of their collaboration on lithium polymer battery development. Delphi will retain a license to use Company-developed lithium polymer technology for vehicular and stationary load leveling / peak shaving applications. The Company will retain a license to use Delphi-developed lithium polymer technology in all other applications. After September 1998, the Company anticipates that it will receive no further payments as a result of the Joint Research and Development agreement with Delphi. It is anticipated that Delphi will continue to pay $50,000 per month through August 1998.......... =============================================================================