GUARANTY AGREEMENTGuaranty Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • Texas
THIS GUARANTY AGREEMENT (“Agreement”) is made and is effective this 1st day of August, 2005 by Commerce Energy Group, Inc., a Delaware corporation (the “Guarantor”), in favor of Tenaska Power Services Co. (the “Creditor”).
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement and General Release • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • California
This Separation Agreement and General Release (this “Agreement”) is hereby entered into by and between Erik A. Lopez, Sr., an individual (the “Executive”), and Commerce Energy Group, Inc., a Delaware corporation, on behalf of itself and all of its subsidiaries (collectively, the “Company”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT, dated October 5, 2007 (this “Amendment”), to the Employment Agreement, dated as of March 26, 2007 (the “Agreement”), by and between COMMERCE ENERGY GROUP, INC., a Delaware corporation, on behalf of itself and any and all of its subsidiaries (together, the “Company”), and ERIK A. LOPEZ, SR. (the “Executive”).
SECURITY AGREEMENTSecurity Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • California
This SECURITY AGREEMENT (this “Agreement”) is made this 20th day of September, 2006, between COMMERCE ENERGY, INC., a California Corporation (“Commerce Energy”), and PACIFIC SUMMIT ENERGY LLC, a Delaware limited liability company (“PSE”).
OPERATING AGREEMENTOperating Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • California
This Operating Agreement (this “Agreement”), dated as of September 20, 2006 (the “Effective Date”), is made and entered into between Pacific Summit Energy LLC, a Delaware Limited Liability Company (“Supplier”), and Commerce Energy, Inc., a California corporation (“Buyer”). Buyer and Supplier are each a “Party” and, collectively, are the “Parties.”
SECOND AMENDMENT TO THE SECURITY AGREEMENTThe Security Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services
Commerce Energy, Inc. (“Customer”) and Tenaska Power Services Co. (“TPS”) are Parties to the Security Agreement effective August 1, 2005 (“Agreement”). Customer and TPS enter into this Second Amendment to the Agreement (“Second Amendment”) effective June 22, 2007 (“Effective Date”).
GAS SUPPLY AGREEMENTGas Supply Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services
This Gas Supply Agreement (this “Agreement”), dated effective as of September 1, 2006, is entered into by and between Pacific Summit Energy LLC (“Pacific Summit”), a Delaware limited liability company, Commerce Energy, Inc., a California corporation (“Commerce Energy”) and Houston Energy Services Company, L.L.C., a Texas limited liability company (“HESCO”).
BLOCKED ACCOUNT CONTROL AGREEMENT (WITH LOCKBOX SERVICES)Blocked Account Control Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • California
Please be advised that pursuant to certain agreements between Commerce Energy, Inc. (“Company”) and Pacific Summit Energy LLC (“Lender”), Company will cause all checks, drafts and other orders of payments made payable to Company to be mailed to Commerce Energy Lockbox 2043, Remit Stream, 8th Floor, 350 North Orleans Street, Chicago, IL 60654 (the “Lockbox”) maintained at Wachovia Bank NA (“Depository Bank”). All payments mailed to the Lockbox shall be deposited to deposit account number [*] (ABA Routing Number [*]) (such account, together with all substitutions and replacements therefore, the “Deposit Account”) located at Depository Bank, and subject to the terms of the Deposit Agreements (defined below). The Lockbox account and the Deposit Account shall each be styled “Pacific Summit Energy LLC as Pledgee of Commerce Energy, Inc.”.
AGREEMENT TO PROVIDE QSE AND MARKETING SERVICESCommerce Energy Group, Inc. • October 29th, 2007 • Electric services • Texas
This Agreement to Provide QSE and Marketing Services (“Agreement”) is effective as of August 1, 2005 (“Effective Date”) between Commerce Energy, Inc. (“Customer” or “Commerce Energy”), a California corporation, and Tenaska Power Services Co. (“TPS”), a Nebraska corporation. Customer and TPS are also hereinafter referred to in this Agreement individually as “Party” and collectively as the “Parties”
SECURITY AGREEMENTSecurity Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • Texas
This SECURITY AGREEMENT (this “Agreement”) is made this 1st day of August, 2005, between COMMERCE ENERGY, INC., a California Corporation (“Commerce Energy”), and TENASKA POWER SERVICES CO., a Nebraska corporation (“TPS”).
FIRST AMENDMENT TO MASTER POWER PURCHASE AND SALE AGREEMENTMaster Power Purchase and Sale Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services
This First Amendment (“Amendment”) is made effective as of the 25th day of May, 2007, between Commerce Energy, Inc. (“CEI”) and Tenaska Power Services Co. (“TPS”) (hereinafter collectively the “Parties”), amending the Master Power Purchase and Sale Agreement entered by the Parties as of August 1, 2005 (“Agreement”).
FIRST AMENDMENT TO THE SECURITY AGREEMENTThe Security Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services
Commerce Energy, Inc. (Customer) and Tenaska Power Services Co. (“TPS”) are Parties to the Security Agreement effective August 1, 2005 (“Agreement”). Commerce Energy and TPS enter into this First Amendment to the Agreement (“First Amendment”) effective March 7, 2006 (“Effective Date”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • California
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated June 26, 2007, is entered into among COMMERCE ENERGY, INC., a California corporation (“Borrower”), COMMERCE ENERGY GROUP, INC., a Delaware corporation (“Parent”) and WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, as Agent and Lender (“Agent”).
BLOCKED ACCOUNT CONTROL AGREEMENT (WITH LOCKBOX SERVICES)Blocked Account Control Agreement • October 29th, 2007 • Commerce Energy Group, Inc. • Electric services • New York
Please be advised that pursuant to certain agreements between Commerce Energy, Inc. (“Company”) and Tenaska Power Services Co. (“Lender”), Company will cause all checks, drafts and other orders of payments made payable to Company to be mailed to PO Box 644010,Cincinnati, Ohio 45264-4010 (the “Lockbox”) maintained at U.S. Bank National Association (“Depository Bank”). All payments mailed to the Lockbox shall be deposited to deposit account number [*] (such account, together with all substitutions and replacements therefore, the “Deposit Account”) located at Depository Bank, and subject to the terms of the Deposit Agreements (defined below). The Lockbox account and the Deposit Account shall each be styled “Tenaska Power Services Co. as Pledgee of Commerce Energy, Inc.”.
