ThermoEnergy Corporation Amendment No. 1 to Common Stock Purchase Warrant No. 2007-12-1 September 15, 2008
Exhibit
4.3
ThermoEnergy
Corporation
Amendment
No. 1 to
Common
Stock Purchase Warrant No.
2007-12-1
September
15, 2008
Pursuant
to Section 14.5 of the above-referenced Common Stock Purchase Warrant (the
“Warrant”), The Quercus Trust (the “Holder”) and ThermoEnergy Corporation, a
Delaware corporation (the “Company”) hereby agree that, in order to reduce the
exercise price of the Warrant from $1.50 per share to $1.25 per share, the
Warrant be and hereby is amended by deleting in its entirety the first paragraph
thereof and substituting therefor the following new first paragraph:
“This
Is
To Certify That The
Quercus Trust,
or its
registered assign, is entitled, at any time from the Issuance Date (as
hereinafter defined) to the first to occur of (i) the Expiration Date (as
hereinafter defined) or (ii) the Early Expiration Date (as hereinafter defined),
to purchase from ThermoEnergy Company, a Delaware corporation (the “Company”),
ten
million (10.000,000) shares of Common Stock (as hereinafter defined and subject
to adjustment as provided herein), in whole or in part, including fractional
parts, at a purchase price of $1.25 per share (subject to adjustment as provided
herein, the “Exercise
Price”),
all
on the terms and conditions and pursuant to the provisions hereinafter set
forth.”
In
all
other respects, the Warrant shall remain unaltered and in full force and effect
as issued.
In
witness whereof, the Holder and the Company have executed this Amendment as
of
the date first above set forth.
|
The
Quercus Trust
|
ThermoEnergy
Corporation
|
|||
|
By:
|
/s/
Xxxxx Xxxxxxx
|
By:
|
/s/
Xxxxxx X. Xxxxxx
|
|
|
Xxxxx Xxxxxxx
|
Xxxxxx X. Xxxxxx
|
|||
|
Trustee
|
Executive Vice President and CFO
|
|||
