0000950123-10-024776 Sample Contracts

Indicates text has been omitted from this Exhibit pursuant to a confidential treatment request and has been filed separately with the Securities and Exchange Commission. SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT
Alternative Dispute Resolution Agreement • March 15th, 2010 • Energy Recovery, Inc. • Special industry machinery, nec • California

This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made as of December 21, 2009, by and between Citibank, N.A. (“Lender”) and Energy Recovery, Inc., a Delaware corporation (“ERI”), and CFE Acquisition Corporation, a Delaware corporation to be renamed “Pump Engineering, Inc.” upon consummation of the Merger (defined below) (“Pump Engineering” and jointly and severally with ERI, the “Borrower”), with respect to the Loan and Security Agreement between ERI and Lender dated as of January 7, 2009 (as amended and modified through but excluding the date hereof, the “Agreement”).

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FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 15th, 2010 • Energy Recovery, Inc. • Special industry machinery, nec

This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made as of February 17, 2009, by and between Citibank, N.A. (“Lender”) and Energy Recovery, Inc., a Delaware corporation (“Borrower”), with respect to the Loan and Security Agreement between Borrower and Lender dated as of January 7, 2009 (as amended and modified through but excluding the date hereof, the “Agreement”).

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