0000950133-06-003728 Sample Contracts

WARRANT PLACEMENT AGREEMENT
Warrant Placement Agreement • August 11th, 2006 • Energy Services Acquisition Corp. • Blank checks • West Virginia

WARRANT PLACEMENT AGREEMENT (this “Agreement”) made as of this 5th day of April 2006 among Energy Services Acquisition Corp., a Delaware corporation (the “Company”) and the persons set forth at Schedule A (the “Purchasers”).

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THE REGISTERED HOLDER OF THIS PURCHASE OPTION BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS PURCHASE OPTION EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS PURCHASE OPTION AGREES THAT IT WILL NOT SELL,...
Purchase Option Agreement • August 11th, 2006 • Energy Services Acquisition Corp. • Blank checks • Maryland

THIS PURCHASE OPTION IS NOT EXERCISABLE PRIOR TO THE LATER OF THE CONSUMMATION BY ENERGY SERVICES ACQUISITION CORP. (“COMPANY”) OF A MERGER, CAPITAL STOCK EXCHANGE, ASSET ACQUISITION OR OTHER SIMILAR BUSINESS COMBINATION (“BUSINESS COMBINATION”) (AS DESCRIBED MORE FULLY IN THE COMPANY’S REGISTRATION STATEMENT (DEFINED HEREIN)) OR , 2007. VOID AFTER 5:00 P.M. NEW YORK CITY LOCAL TIME, , 2011.

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