Evergreen Solar Inc Sample Contracts
COMMON STOCKUnderwriting Agreement • February 7th, 2005 • Evergreen Solar Inc • Semiconductors & related devices • New York
Standard Contracts
EXHIBIT 10.4 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of June 21, 2004, is by and between Evergreen Solar, Inc., a Delaware corporation (the "Company"), and each of the entities whose names appear...Registration Rights Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
Execution Version STOCKHOLDERS AGREEMENT EVERGREEN SOLAR, INC.Stockholders Agreement • April 17th, 2007 • Evergreen Solar Inc • Semiconductors & related devices • New York
WITNESSETHWarrant Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
Exhibit 10.1 EVERGREEN SOLAR, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "Agreement") is made as of May 15, 2003, by and between Evergreen Solar, Inc., a Delaware corporation (the "Company"), and Tim Woodward (the...Indemnification Agreement • August 12th, 2003 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
EXHIBIT 3Agreement • May 27th, 2003 • Evergreen Solar Inc • Semiconductors & related devices
Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, the undersigned hereby agree that only one statement containing the information required by Schedule 13D need be filed with respect to the ownership by each of the undersigned of shares of stock of Evergreen Solar, Inc.
June 29, 2005 SG COWEN & CO., LLC As Representative of the several Initial Purchasers c/o SG Cowen & Co., LLC 1221 Avenue of the Americas New York, New York 10020 Dear Ladies and Gentlemen: Evergreen Solar, Inc., a Delaware corporation (the...Registration Rights Agreement • June 29th, 2005 • Evergreen Solar Inc • Semiconductors & related devices • New York
June 23, 2005 SG COWEN & CO., LLC As Representative of the several Initial Purchasers c/o SG Cowen & Co., LLC 1221 Avenue of the Americas New York, New York 10020 Dear Sirs: 1. INTRODUCTORY. Evergreen Solar, Inc., a Delaware corporation (the...Purchase Agreement • August 11th, 2005 • Evergreen Solar Inc • Semiconductors & related devices • New York
ARTICLE I DEFINITIONSRegistration Rights Agreement • March 24th, 2003 • Evergreen Solar Inc • Semiconductors & related devices • New York
Execution Version STOCK PURCHASE AGREEMENT by and between EVERGREEN SOLAR, INC.Stock Purchase Agreement • April 17th, 2007 • Evergreen Solar Inc • Semiconductors & related devices • New York
RECITALSSupply Agreement • March 16th, 2006 • Evergreen Solar Inc • Semiconductors & related devices
AND Q - CELLS AGJoint Venture Agreement • January 21st, 2005 • Evergreen Solar Inc • Semiconductors & related devices
EXHIBIT 10.2 VOTING AGREEMENTVoting Agreement • March 24th, 2003 • Evergreen Solar Inc • Semiconductors & related devices • New York
AS TENANTLease Agreement • October 3rd, 2000 • Evergreen Solar Inc • Semiconductors & related devices
COMMON STOCKUnderwriting Agreement • May 24th, 2007 • Evergreen Solar Inc • Semiconductors & related devices • New York
Exhibit 4.1 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION...Warrant Agreement • November 12th, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
L E A S ELease • August 4th, 2000 • Evergreen Solar Inc
2 3 of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Prospectus, as amended and supplemented, as of its date and at...Underwriting Agreement • October 3rd, 2000 • Evergreen Solar Inc • Semiconductors & related devices • New York
EXHIBIT 2 VOTING AGREEMENTVoting Agreement • March 31st, 2003 • Evergreen Solar Inc • Semiconductors & related devices • New York
RECITALSRegistration Rights Agreement • November 12th, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
WITNESSETH:Stock and Warrant Purchase Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • New York
1 Exhibit 10.8 SERIES D PREFERRED STOCK PURCHASE AGREEMENT ------------------------------------------- This Agreement dated as of December 28, 1999 is entered into by and among Evergreen Solar, Inc., a Delaware corporation (the "COMPANY"), the...Series D Preferred Stock Purchase Agreement • August 4th, 2000 • Evergreen Solar Inc • Delaware
37,000,000 Shares Evergreen Solar, Inc. Common Stock ($0.01 Par Value) EQUITY UNDERWRITING AGREEMENTEquity Underwriting Agreement • May 22nd, 2009 • Evergreen Solar Inc • Semiconductors & related devices • New York
Evergreen Solar, Inc., a Delaware corporation (the “Company”), proposes to sell to you, Piper Jaffray & Co. (the “Underwriter”), an aggregate of 37,000,000 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”). The Company also proposes to sell at the Underwriter’s option an aggregate of up to 5,550,000 additional shares of the Company’s Common Stock (the “Option Shares”) as set forth below. The Firm Shares and the Option Shares (to the extent the aforementioned option is exercised) are herein collectively called the “Shares.”
FORM OF WARRANTCommon Stock Purchase Warrant • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices
THIS IS TO CERTIFY that [______________] and its transferees, successors and assigns (the "Holder"), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, is entitled to purchase from EVERGREEN SOLAR, INC., a Delaware corporation (the "Company"), at a price per share equal to the Exercise Price, [______] fully paid and nonassessable shares of the common stock, par value $0.01 per share, of the Company (the "Common Stock"), subject to the terms and conditions of the Warrant Agreement, as amended, supplemented or modified from time to time (the "Warrant Agreement"), dated as of the date hereof, between the Company and the other parties thereto. The Exercise Price and the number of shares of Common Stock subject to this Warrant are subject to adjustment and readjustment from time to time as set forth in Section 7 of the Warrant Agreement. Capitalized terms used herein shall have the meanings ascribed to such terms in the Warrant Agreement.
FORM OF]Indemnification Agreement • October 3rd, 2000 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
EVERGREEN SOLAR, INC. AMENDED AND RESTATED CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • March 2nd, 2009 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
This Change of Control Severance Agreement (the “Agreement”) is made and entered into by and between Richard M. Feldt (“Executive”) and Evergreen Solar, Inc. (the “Company”), effective as of June 14, 2007 (the “Effective Date”).
ADDENDUM TO THELicense and Technology Transfer Agreement • May 4th, 2007 • Evergreen Solar Inc • Semiconductors & related devices
Exhibit 10.7 211 Second Avenue, Waltham, MA 02154 USA TL: 781.890.7117 FX: 781.890.7141 MARK A. FARBER President February 26, 1999 Dr. Emanuel Sachs 18 Moreland Avenue Newton, MA 02459 Dear Ely: Please acknowledge the following changes to our License...License and Consulting Agreement • October 31st, 2000 • Evergreen Solar Inc • Semiconductors & related devices
AGREEMENTTechnology Cooperation Agreement • March 16th, 2006 • Evergreen Solar Inc • Semiconductors & related devices
EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of [•], 2011 7.5% Convertible Senior Notes due 2017Indenture • December 30th, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
INDENTURE, dated as of [•], 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of February 17, 2011 TO INDENTURE Dated as of February 17, 2011 4% Convertible Subordinated Additional Cash Notes due 2020First Supplemental Indenture • February 17th, 2011 • Evergreen Solar Inc • Semiconductors & related devices • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of February 17, 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
LICENSE &License & Technology Transfer Agreement • November 7th, 2006 • Evergreen Solar Inc • Semiconductors & related devices
EVERGREEN SOLAR, INC. as Issuer the Guarantors from time to time party hereto AND U.S. Bank National Association as Trustee INDENTURE Dated as of April 26, 2010 13% Convertible Senior Secured Notes due 2015Indenture • April 27th, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
INDENTURE, dated as of April 26, 2010, among Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), the guarantors from time to time party hereto (each, a “Guarantor”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
BETWEENDistribution and Marketing Agreement • October 25th, 2000 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 16th, 2008 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and EVERGREEN SOLAR, INC., a Delaware corporation with offices located at 138 Bartlett Street, Marlborough, Massachusetts 01752 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
