Active Power Inc Sample Contracts
EXHIBIT 1.1 Active Power, Inc. Common Stock, par value $0.001 per share Underwriting Agreement ----------------------Underwriting Agreement • July 3rd, 2000 • Active Power Inc • Electric services • New York
Standard Contracts
SEVENTH AMENDMENT TO LEASE AGREEMENT BETWEEN METROPOLITAN LIFE INSURANCE COMPANY, AS LANDLORD AND ACTIVE POWER, INC., AS TENANTLease Agreement • March 16th, 2001 • Active Power Inc • Electric services
To be attached to and form a part of Lease made the 12/th/ day of March 1996 (which together with any amendments, modifications and extensions thereof, is hereinafter called the Lease), between Landlord and Tenant.
Exhibit 4 RIGHTS AGREEMENT by and between ACTIVE POWER, INC.Rights Agreement • December 14th, 2001 • Active Power Inc • Electric services • Delaware
THIS CERTIFIES THAT, for value received, STEPHENS-GROUP, INC. ("Stephens"), or registered assigns (the "Holder"), during the term of this -------- ------ Warrant as set forth in Section 1, is entitled to purchase from ACTIVE POWER, INC., a Texas...Warrant Agreement • May 12th, 2000 • Active Power Inc • Texas
EXHIBIT 10.17 LEASE AGREEMENTLease Agreement • March 16th, 2001 • Active Power Inc • Electric services • Texas
EXHIBIT 10.15 SUBLEASE AGREEMENT ------------------Sublease Agreement • May 12th, 2000 • Active Power Inc
EXHIBIT 10.5 CONSULTING SERVICES AGREEMENT ----------------------------- This Consulting Services Agreement dated May 6, 1996 (the "Agreement") is made and entered into by and between Magnetic Bearing Technologies, Inc., a Texas corporation (the...Consulting Services Agreement • May 12th, 2000 • Active Power Inc • Texas
This certifies that, for value received, ECT MERCHANT INVESTMENTS CORP. ("ECT"), or registered assigns (the "Holder"), during the term of this --- ------ Warrant as set forth in Section 1, is entitled to purchase from ACTIVE POWER, INC., a Texas...Warrant Agreement • May 12th, 2000 • Active Power Inc • Texas
Agreement Introduction Articles of Incorporation Section 2.1(a) Beneficiaries Section 1.5 Board Observer Qualified Holder Section 2.1(c)(ii) Code Section 2.1(i) Common Shareholders Introduction Company Introduction Exchange Act Section 1.1(a) Holder...Investors' Rights Agreement • May 12th, 2000 • Active Power Inc • Texas
EXHIBIT 10.6 PHASE II DEVELOPMENT AND PHASE III FEASIBILITY STUDY AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is effective as of January 22, 1999, ("Effective Date") by and between Active Power, 11525 Stonehollow Drive, Suite 135, Austin, Texas...Development Agreement • May 12th, 2000 • Active Power Inc • New York
RIGHTS AGREEMENT dated as of June 15, 2016 between ACTIVE POWER, INC., as the Company and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights AgentRights Agreement • June 17th, 2016 • Active Power Inc • Electric services • Delaware
RIGHTS AGREEMENT, dated as of June 15, 2016, (this “Agreement”), by and between Active Power, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company, as rights agent (the “Rights Agent”).
This Indemnity Agreement is made and entered into as of this _____ day of ________, 2000 between Active Power, Inc., a Delaware corporation (the "Corporation"), and _______________________________ ("Indemnitee"). ------------ ----------Indemnity Agreement • May 12th, 2000 • Active Power Inc
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 14th, 2007 • Active Power Inc • Electric services
This Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and each Purchaser (the “Purchase Agreement”).
Exhibit 10.8 IMPERIAL BANK SECURITY AND LOAN AGREEMENT (ACCOUNTS RECEIVABLE) This Agreement is entered into between Active Power, Inc. , a Texas Corporation (herein called "Borrower") and IMPERIAL BANK (herein called "Bank"). 1. Bank hereby commits,...Security and Loan Agreement • May 12th, 2000 • Active Power Inc
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 12th, 2007 • Active Power Inc • Electric services • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 13, 2007, between Active Power, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
EXHIBIT 99.1 LETTER AGREEMENT [LOGO OF ACTIVE POWER(R)] November 7, 2005 Mr. Jim Clishem 2128 W. Braker Lane, BK12 Austin, TX 78758 Dear Jim: This letter is to confirm the offer of employment with Active Power, Inc. ("Active Power"), in the position...Employment Agreement • November 8th, 2005 • Active Power Inc • Electric services
Active Power, Inc. 13,229,500 Shares Common Stock ($0.001 par value) Underwriting AgreementUnderwriting Agreement • February 22nd, 2010 • Active Power Inc • Electric services • New York
Active Power, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriter named in Schedule I hereto (the “Underwriter”) an aggregate of 13,229,500 shares (the “Shares”) of common stock, par value $0.001 per share, of the Company (the “Common Stock”).
3,175,000 Shares ACTIVE POWER, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • February 27th, 2014 • Active Power Inc • Electric services • California
Active Power, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Roth Capital Partners, LLC (the “Underwriter”), an aggregate of 3,175,000 authorized but unissued shares (the “Firm Shares”) of Common Stock, par value $0.001 per share (the “Common Stock”), of the Company. The Company also proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriter an aggregate of up to 476,250 additional shares of Common Stock (the “Additional Shares”), as may be necessary to cover over-allotments made in connection with the offering. The Firm Shares and Additional Shares are collectively referred to as the “Shares.”
FORM OF SUBSCRIPTION AGREEMENTSubscription Agreement • April 26th, 2016 • Active Power Inc • Electric services • New York
The undersigned (the “Investor”) hereby confirms its agreement with Active Power, Inc., a Delaware corporation (the “Company”), as follows:
SEVERANCE BENEFITS AGREEMENTSeverance Benefits Agreement • April 27th, 2010 • Active Power Inc • Electric services • Texas
THIS SEVERANCE BENEFITS AGREEMENT (the “Agreement”) is made as of the 14th day of April, 2010 between Active Power, Inc., (the “Company”), and John Penver, an individual resident of the State of Texas (“Employee”). Employee and the Company are collectively referred to herein as the “Parties.” This Agreement amends, restates and supersedes the Severance Benefits Agreement dated October 29, 2008 between Employee and the Company (the “Prior Agreement”).
SEVERANCE BENEFITS AGREEMENTSeverance Benefits Agreement • March 4th, 2014 • Active Power Inc • Electric services • Texas
THIS SEVERANCE BENEFITS AGREEMENT (the “Agreement”) is made as of the 4th day of November, 2013 between Active Power, Inc., (the “Company”), and James Powers, an individual resident of Raleigh, North Carolina (“Employee”). Employee and the Company are collectively referred to herein as the “Parties.”
SEPARATION AGREEMENT AND RELEASESeparation Agreement • May 1st, 2014 • Active Power Inc • Electric services • Texas
This Separation Agreement and Release ("Agreement") is made by and between Jeremiah Noel Foley ("Employee") and Active Power, Inc. (the "Company") (collectively referred to as the "Parties" or individually referred to as a "Party").
EXHIBIT 99.2 LETTER AGREEMENT [LOGO OF ACTIVE POWER(R)] November 7, 2005 VIA HAND DELIVERY ----------------- Sriram Sivaram Active Power, Inc. 2128 W. Braker Lane, B12 Austin, TX 78758 RE: LETTER AGREEMENT ---------------- Dear Sriram: This letter...Letter Agreement • November 8th, 2005 • Active Power Inc • Electric services
IN RE ACTIVE POWER, INC. SHAREHOLDER DERIVATIVE LITIGATION § IN THE DISTRICT OF§ § TRAVIS COUNTY, TEXAS § § 98th JUDICIAL DISTRICT § § STIPULATION AND AGREEMENT OF COMPROMISE, SETTLEMENT AND RELEASEStipulation and Agreement of Compromise, Settlement and Release • March 18th, 2015 • Active Power Inc • Electric services
This Stipulation of Settlement, dated January 29, 2015 (the “Stipulation”), is made and entered into by and among the following Settling Parties,1 by and through their respective counsel of record: (i) Petitioner Hiroshi Okumura (“Okumura” or “Petitioner”), the Court-appointed lead plaintiff in this consolidated derivative action (“Consolidated Action” or “Action”), individually and derivatively on behalf of nominal defendant Active Power, Inc. (“Active Power” or the “Company”); (ii) Ake Almgren, Stephen J. Clearman, James E. DeVenny, III, Robert Greenberg, Thomas Patrick Kelly, Jan H. Lindelow, Steven R. Fife, and Doug Milner (collectively, the “Individual Defendants”); and (iii) nominal defendant Active Power (collectively, with the Individual Defendants, “Defendants”). The Stipulation is intended by the Settling Parties to fully,
March 7, 2012Director Designation Right • March 8th, 2012 • Active Power Inc • Electric services • Delaware
Reference is hereby made to that certain Securities Purchase Agreement dated on or about the date hereof by and between Active Power, Inc., a Delaware corporation (the “Company”), Kinderhook Partners, L.P. (“Kinderhook”) and the other signatories thereto (the “Purchase Agreement”). In connection with Kinderhook’s purchase of shares of the Company’s common stock pursuant to the Purchase Agreement, the Company and Kinderhook hereby agree as follows:
ACTIVE POWER, INC. STOCK ISSUANCE AGREEMENTStock Issuance Agreement • March 14th, 2006 • Active Power Inc • Electric services • Texas
AGREEMENT made this 10th day of March, 2006, by and between Active Power, Inc., a Delaware corporation, and Jim Clishem, a Participant in the Corporation’s 2000 Stock Incentive Plan.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 8th, 2012 • Active Power Inc • Electric services • Delaware
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made effective as of March 7, 2012, by and among Active Power, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, with its principal offices at 2128 W. Braker Lane, BK12, Austin, Texas 78758, and the purchasers whose names and addresses are set forth on the signature pages hereof (each a “Purchaser” and collectively the “Purchasers”).
RESALE REGISTRATION RIGHTS AGREEMENTResale Registration Rights Agreement • March 8th, 2012 • Active Power Inc • Electric services • Delaware
RESALE REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of March 7, 2012, by and among Active Power, Inc., a Delaware corporation (the "Company"), and Kinderhook Partners, LP (together with its affiliates, the "Initial Holder").
ELEVENTH AMENDMENT TOLEASE AGREEMENT BETWEEN METROPOLITAN LIFE INSURANCE COMPANY, AS LANDLORD ANDLease Agreement • February 27th, 2015 • Active Power Inc • Electric services
THIS ELEVENTH AMENDMENT TO LEASE AGREEMENT ("Amendment") is made and entered into as of the 31st,.), day of July, 2003 by and between METROPOLITAN LIFE INSURANCE COMPANY ("Landlord") and ACTIVE POWER, INC., ("Tenant").
SEVERANCE BENEFITS AGREEMENTSeverance Benefits Agreement • October 31st, 2012 • Active Power Inc • Electric services • Texas
November 19, 2016Asset Purchase Agreement • November 21st, 2016 • Active Power Inc • Electric services
We refer you to that certain Asset Purchase Agreement (the “Asset Purchase Agreement”) dated September 29, 2016 by and among Active Power, Inc., a Delaware corporation (the “Seller”), Piller USA, Inc., a Delaware corporation (the “Buyer”) and Langley Holdings plc, a United Kingdom public limited company (the “Parent”). Capitalized terms used herein but not otherwise defined in this letter agreement shall have the meanings given thereto in the Asset Purchase Agreement. In connection with the closing of the transactions contemplated by the Asset Purchase Agreement, the Seller, the Buyer and the Parent hereby agree that the following shall apply:
SEPARATION AGREEMENT AND RELEASE OF CLAIMSSeparation Agreement • April 26th, 2016 • Active Power Inc • Electric services • Texas
This Separation Agreement and Release of Claims is entered into between Active Power, Inc. (together with any affiliated companies collectively, “Company”) and Randall Adleman (“Employee”). In consideration of the mutual promises set forth below and as set forth in the separate Severance Benefits Agreement dated October 22, 2013 (“Severance Agreement”), Company and Employee agree as follows:
FIFTH AMENDMENT TO LEASE AGREEMENTLease Agreement • October 27th, 2015 • Active Power Inc • Electric services
THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this "Fifth Amendment") is entered into as of the 30th day of September 2015, by and between Levy Braker 12 Associates, LLC, successor in interest BC 12 99, LTD ., a Texas Limited Partnership (the "Landlord"), and Active Power, Inc. (the "Tenant").
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 3rd, 2012 • Active Power Inc • Electric services
THIS FIRST AMENDMENT to Second Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into this 5th day of March, 2012, by and between Silicon Valley Bank (“Bank”) and ACTIVE POWER, INC., a Delaware corporation (“Borrower”), with its principal place of business at 2128 W Braker Lane BK 12, Austin, TX 78758.
1 **Confidential treatment has been requested for the portions of this agreement marked by asterisks. Omitted material for which confidential treatment has been requested has been filed separately with the Securities and Exchange Commission.**Master Sourcing Agreement • November 9th, 2001 • Active Power Inc • Electric services • New York