0000950123-09-034678 Sample Contracts

FIRST LOAN MODIFICATION AND FORBEARANCE AGREEMENT
Loan Modification and Forbearance Agreement • August 13th, 2009 • Energy Focus, Inc/De • Electric lighting & wiring equipment

This First Loan Modification and Forbearance Agreement (this “Loan Modification Agreement”) is entered into as of the First Loan Modification Effective Date, by and 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 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”), and ENERGY FOCUS, INC., a Delaware corporation, formerly known as Fiberstars, Inc., a Delaware corporation, with offices located at 32000 Aurora Road, Solon, Ohio 44139.

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SECOND LOAN MODIFICATION AND FORBEARANCE AGREEMENT
Loan Modification Agreement • August 13th, 2009 • Energy Focus, Inc/De • Electric lighting & wiring equipment

This Second Loan Modification and Forbearance Agreement (this “Loan Modification Agreement”) is entered into as of the Second Loan Modification Effective Date, by and 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 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”), and ENERGY FOCUS, INC., a Delaware corporation, formerly known as Fiberstars, Inc., a Delaware corporation, with offices located at 32000 Aurora Road, Solon, Ohio 44139.

THIRD LOAN MODIFICATION AND FORBEARANCE AGREEMENT
Loan Modification Agreement • August 13th, 2009 • Energy Focus, Inc/De • Electric lighting & wiring equipment

This Third Loan Modification and Forbearance Agreement (this “Loan Modification Agreement”) is entered into as of the Third Loan Modification Effective Date, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”) and ENERGY FOCUS, INC., a Delaware corporation, formerly known as Fiberstars, Inc., a Delaware corporation, with offices located at 32000 Aurora Road, Solon, Ohio 44139.

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