EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of [•], 2011 7.5% Convertible Senior Notes due 2017Indenture • December 23rd, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
Contract Type FiledDecember 23rd, 2010 Company Industry JurisdictionINDENTURE, dated as of [•], 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of [•], 2011 TO INDENTURE Dated as of [•], 2011 4% Convertible Subordinated Additional Cash Notes due 2020First Supplemental Indenture • December 23rd, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
Contract Type FiledDecember 23rd, 2010 Company Industry JurisdictionFIRST SUPPLEMENTAL INDENTURE, dated as of [•], 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
EVERGREEN SOLAR, INC. as Issuer the Guarantor party hereto AND as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of [•], 2011 13% Convertible Senior Secured Notes due 2015First Supplemental Indenture • December 23rd, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
Contract Type FiledDecember 23rd, 2010 Company Industry JurisdictionFIRST SUPPLEMENTAL INDENTURE, dated as of [•], 2011 (this “Supplemental Indenture”), among Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), the Guarantor (as defined in the Indenture) party hereto, and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
DEALER MANAGER AGREEMENTDealer Manager Agreement • December 23rd, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
Contract Type FiledDecember 23rd, 2010 Company Industry JurisdictionConcurrently with the making of the Offers, the Company plans to solicit consents (the “Consents”) from the holders of the Existing 13% Notes (such solicitation, as described in the Preliminary Prospectus (defined below), as amended or supplemented, the “Consent Solicitation”) to certain proposed amendments to the Existing 13% Notes and the indenture, dated as of April 26, 2010 (the “Existing 13% Indenture”), among the Company, the guarantors party thereto and U.S. Bank, National Association, as trustee (the “Existing 13% Trustee”), pursuant to which the Existing 13% Notes were issued. The Existing 13% Notes are guaranteed by the Company’s wholly-owned subsidiary, ESLR1, LLC, a Delaware limited liability company (the “Guarantor”).