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EXHIBIT 4.2
SECOND 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 second amendment to the Rights Agreement:
Section 1(c) of the Rights Agreement is hereby amended, effective as of
January 23, 1998, by inserting the following as an additional final paragraph to
such Section 1(c):
"Notwithstanding anything to the contrary in this Agreement, no Person
will be the "Beneficial Owner" of or to "beneficially own" any
securities acquired through such Person's participation in a firm
commitment underwriting (including securities acquired in stabilization
transactions) pursuant to agreements with and between underwriters and
selling group members, including, without limitation, underwriting
agreements, agreements among underwriters and selected dealer
agreements."
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 Second Amendment on November 11, 1999, such Second 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
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Name: Joseph F. Fojtasek Name: Wilbert Myles
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Title: Vice President, CFO and Secretary Title: Vice President
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