AMENDMENT NO. 1 TO NOTE PURCHASE AND SECURITY AGREEMENTNote Purchase and Security Agreement • April 23rd, 2012 • Peak Merger Corp. • Auto controls for regulating residential & comml environments
This Amendment No. 1 to Note Purchase and Security Agreement (this “Amendment”) is entered into as of April 18, 2012, by and among COMVERGE, INC., a Delaware corporation (“Comverge”), ENERWISE GLOBAL TECHNOLOGIES, INC., a Delaware corporation (“Enerwise”), COMVERGE GIANTS, LLC, a Delaware limited liability company (“Giants”), PUBLIC ENERGY SOLUTIONS, LLC, a New Jersey limited liability company (“PES”), PUBLIC ENERGY SOLUTIONS NY, LLC, a Delaware limited liability company (“PES-NY”), CLEAN POWER MARKETS, INC., a Pennsylvania corporation (“CPM”) and ALTERNATIVE ENERGY RESOURCES, INC. a Delaware corporation (“AER”; and together with Comverge, Enerwise, Giants, PES, PES-NY and CPM, each an “Issuer” and individually, collectively, jointly and severally, as “Issuers”), the Purchasers (as defined below) party hereto and Peak Holding Corp. (“Peak”), as Note Agent (as defined below).
MODIFICATION TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 23rd, 2012 • Peak Merger Corp. • Auto controls for regulating residential & comml environments
This Modification to Loan and Security Agreement (this “Amendment”) is entered into as of April 18, 2012, by and among GRACE BAY HOLDINGS II, LLC (“Grace Bay”), COMVERGE, INC., a Delaware corporation (“Comverge”), ENERWISE GLOBAL TECHNOLOGIES, INC., a Delaware corporation (“Enerwise”), COMVERGE GIANTS, LLC, a Delaware limited liability company (“Giants”), PUBLIC ENERGY SOLUTIONS, LLC, a New Jersey limited liability company (“PES”), PUBLIC ENERGY SOLUTIONS NY, LLC, a Delaware limited liability company (“PES-NY”), CLEAN POWER MARKETS, INC., a Pennsylvania corporation (“CPM”) and ALTERNATIVE ENERGY RESOURCES, INC. a Delaware corporation (“AER”; and together with Comverge, Enerwise, Giants, PES, PES-NY and CPM, each a “Borrower” and individually, collectively, jointly and severally, as “Borrowers”).
NON-DISCLOSURE AGREEMENTNon-Disclosure Agreement • April 11th, 2012 • Peak Merger Corp. • Auto controls for regulating residential & comml environments • Georgia
THIS AGREEMENT is made as of the 15th day of November, 2011 by and between COMVERGE, Inc., a corporation organized under the laws of Delaware (“COMVERGE”) and H.I.G. Middle Market, LLC, a company located at 1450 Brickell Avenue, 3lst Floor, Miami, FL 33131 (“H.I.G.”). COMVERGE and H.I.G. are individually referred to as a “Party” and collectively referred to as the “Parties”.
