LETTER AGREEMENTLetter Agreement • May 2nd, 2005 • Pearl Frank H • Electric services
The Shareholder acknowledges and agrees that, in accordance with that certain Investor Rights Agreement dated as of November 12, 2004 (the “Investor Rights Agreement”) by and among NxtPhase and the holders of Class A preferred shares of NxtPhase, the Option (as defined in the Investor Rights Agreement) was duly assigned by Perseus 2000, L.L.C., a Delaware limited liability company, to Beacon on April 22, 2005. The Shareholder further agrees that Beacon may enforce the Shareholder’s obligations related to the Option as if Beacon were a direct party to such Option. In the event of any conflict between the terms and conditions of the Arrangement Agreement and the terms and conditions of the Option, the terms and conditions of the Arrangement Agreement shall prevail.
INVESTMENT AGREEMENTInvestment Agreement • May 2nd, 2005 • Pearl Frank H • Electric services • Delaware
THIS INVESTMENT AGREEMENT (this “Agreement”), dated as of April 22, 2005, is made by and among BEACON POWER CORPORATION, a Delaware corporation (the “Company”), PERSEUS CAPITAL, L.L.C., a Delaware limited liability company (“Perseus Capital”), and PERSEUS 2000 EXPANSION FUND, L.L.C., a Delaware limited liability company (the “Purchaser”).
JOINT FILING AGREEMENTJoint Filing Agreement • May 2nd, 2005 • Pearl Frank H • Electric services
Each of the undersigned hereby acknowledges and agrees, in compliance with the provisions of Rule 13d-1(k)(1) promulgated under the Securities Exchange Act of 1934, as amended, that the Amendment No. 3 to Schedule 13D to which this agreement is attached as Exhibit 1, and any amendments thereto, will be filed with the Securities and Exchange Commission jointly on behalf of each of the undersigned.
