LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 1st, 2011 • Enernoc Inc • Services-computer programming, data processing, etc. • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of August 5, 2008 (the “Effective Date”) among (a) 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 One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and (b) ENERNOC, INC., a Delaware corporation (“EnerNOC”), and ENERNOC SECURITIES CORPORATION, a Massachusetts corporation (“EnerNOC Securities”) (hereinafter, EnerNOC and EnerNOC Securities are jointly and severally, individually and collectively, referred to as “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
STOCK PURCHASE AGREEMENT BY AND AMONG ENERNOC, INC., GLOBAL ENERGY PARTNERS, INC., THE GLOBAL ENERGY PARTNERS, INC. EMPLOYEE STOCK OWNERSHIP TRUST, AND CERTAIN INDIVIDUALS NAMED HEREIN Dated as of December 2, 2010Stock Purchase Agreement • March 1st, 2011 • Enernoc Inc • Services-computer programming, data processing, etc. • Delaware
THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of this 2nd day of December, 2010 by and among EnerNOC, Inc., a Delaware corporation (the “Buyer”), Global Energy Partners, Inc., a California corporation (the “Company”), the Global Energy Partners, Inc. Employee Stock Ownership Trust (the “Seller” or the “Trust”), John Kotowski, Jane Kotowski, Mark Reedy and Ken Gudger. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in Article 12.
