ContractCommon Stock Purchase Warrant • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
WARRANT ACQUISITION AGREEMENTWarrant Acquisition Agreement • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
This Warrant Acquisition Agreement (this “Agreement”) is entered into as of December 31, 2009, by and between Energy Focus, Inc., a Delaware corporation (the “Company”), and WOODSTONE ENERGY, LLC, a Tennessee limited liability company (the “Investor”).
AMENDMENT NO. 2 TO RIGHTS AGREEMENTRights Agreement • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • New York
This Second Amendment (this “Amendment”) to that certain Rights Agreement dated as of October 25, 2006 between the parties, as amended by a First Amendment as of March 13, 2008 (the “Rights Agreement”), is entered into as of December 31, 2009 between Energy Focus, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”). Capitalized terms used but not defined in this Amendment have the meanings given to them in the Rights Agreement.
BONDING SUPPORT AGREEMENTBonding Support Agreement • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Ohio
THIS BONDING SUPPORT AGREEMENT (this “Agreement”) is made as of December 29, 2009 by and between Energy Focus, Inc., a Delaware corporation (the “Company”), and [_______ __. ___], a [___] resident (“Investor”).
AGREEMENT OF CONFIDENTIALITY AND NON-COMPETITIONAgreement of Confidentiality and Non-Competition • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Ohio
THIS AGREEMENT OF CONFIDENTIALITY AND NON-COMPETITION (the “Agreement”) is made and entered into this day of , 20___, by and between ENERGY FOCUS INC., a Delaware corporation which maintains a place of business at 32000 Aurora Road, Solon, Ohio 44139 its successors and assigns (referred to as “Employer” and “Energy Focus”) and , an individual residing at (hereinafter referred to as “Employee”). In this Agreement, the terms “Energy Focus” and “Employer” shall include any and all subsidiaries of Energy Focus.
ContractCommon Stock Purchase Warrant • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
THIS NOTE PURCHASE AGREEMENT (this “Agreement”) is made as of March 30, 2010 by and between Energy Focus, Inc., a Delaware corporation (the “Company”), and EF Energy Partners LLC, an Ohio limited liability company (the “Purchaser”).
MEMBER INTEREST PURCHASE AGREEMENT December 29, 2009Member Interest Purchase Agreement • March 31st, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • Delaware
This Member Interest Purchase Agreement (“Agreement”) is entered into as of December 29, 2009, by and among Energy Focus, Inc., a Delaware corporation (“Buyer”), Stones River Companies, LLC, a Tennessee limited liability company (“Company”), TLC Investments, LLC, a Tennessee limited liability company (“TLC”), and Jami Hall and Robert E. Wilson, Tennessee residents (TLC, Ms. Hall, and Mr. Wilson collectively, the “Sellers”).
