STOCK PURCHASE AGREEMENTStock Purchase Agreement • November 7th, 2011 • Enernoc Inc • Services-computer programming, data processing, etc.
THIS STOCK PURCHASE AGREEMENT (this “Agreement”) is made and entered into as a deed as of this 1st day of July, 2011 by and among EnerNOC, Inc., a Delaware corporation (the “Parent”), EnerNOC Australia Pty Ltd (ACN 143 762 350) (the “Buyer”), Energy Response Holdings Pty Ltd (ACN 108 827 596) (the “Company”), the parties identified on the signature page hereto under the heading “Stockholders” (the “Stockholders”), the parties identified on the signature page hereto under the heading “Noteholders” (the “Noteholders”), the parties identified on the signature page hereto under the heading “Option Holders” (the “Option Holders”, and together with the Stockholders and the Noteholders, the “Securityholders”), and Semibreve Pty Ltd (ACN 139 654 541), in its capacity as the representative of the Securityholders. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in Article 13.
FIRST AMENDMENT TO AMENDED AND RESTATED LEASELease • November 7th, 2011 • Enernoc Inc • Services-computer programming, data processing, etc.
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LEASE (this “Amendment”) is entered into as of September 16, 2011 (the “Effective Date”), by and between ASLAN III FEDERAL, L.L.C. (formerly known as Transwestern Federal, L.L.C.), a Delaware limited liability company (“Landlord”), and ENERNOC, INC., a Delaware corporation (“Tenant”).
