AMENDED AND RESTATED STOCK TRADING AGREEMENTStock Trading Agreement • March 23rd, 2004 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois
This Amended and Restated Stock Trading Agreement, dated as of March 19, 2004 (as it may be amended, restated or modified and in effect from time to time, this “Agreement”), is made by and among Electric City Corp., a Delaware corporation (the “Company”), Newcourt Capital USA, Inc., a Delaware corporation (“Newcourt Capital”), Originators Investment Plan, L.P., a Delaware limited partnership (“OIP), Morgan Stanley Dean Witter Equity Funding, Inc., a Delaware corporation (“Morgan Stanley”), Cinergy Ventures II, LLC, a Delaware limited liability company (“Cinergy Ventures”), Leaf Mountain Company LLC, an Illinois limited liability company (“Leaf Mountain”), SF Capital Partners Ltd., a British Virgin Islands company (“SF Capital”), Richard P. Kiphart, an individual (“Kiphart” ), David R. Asplund, an individual (“Asplund”), John Thomas Hurvis Revocable Trust, an Illinois trust (“Hurvis Trust”), John Donohue, an individual (“Donohue”), Augustine Fund, LP, an Illinois limited partnership (“A
REDEMPTION AND EXCHANGE AGREEMENTRedemption and Exchange Agreement • March 23rd, 2004 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois
This Redemption and Exchange Agreement (the “Agreement”) is entered into as of March 19, 2004, by and among Electric City Corp., a Delaware corporation (the “Company”), and the undersigned holders of Preferred Stock of the Company listed on the Schedule of Investors (the “Schedule of Investors”) attached hereto as Schedule A (each, a “Participating Investor”, and collectively, the “Participating Investors”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 23rd, 2004 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois
This Securities Purchase Agreement (as it may be amended from time to time, this “Agreement”), is entered into as of March 19, 2004 by Electric City Corp., a Delaware corporation (the “Company”), and the purchasers whose names appear on the signature pages of this Agreement (each, a “Purchaser” and collectively, the “Purchasers”).
AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • March 23rd, 2004 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois
This Amended and Restated Stockholders Agreement, dated as of March 19, 2004 (as it may be amended, restated or modified and in effect from time to time, this “Agreement”), is made by and among Electric City Corp., a Delaware corporation (the “Company”), and the following persons and entities (each, a “Holder,” and collectively the “Holders”, except that, for purposes of this Agreement, Originators Investment Plan, L.P. and Morgan Stanley Dean Witter Equity Funding, Inc. shall be considered together as one “Holder”), Newcourt Capital USA, Inc. (“Newcourt Capital”), Originators Investment Plan, L.P. (“OIP”), Morgan Stanley Dean Witter Equity Funding, Inc., (“Morgan Stanley”), Cinergy Ventures II, LLC (“Cinergy Ventures”), Leaf Mountain Company, LLC (“Leaf Mountain”), Augustine Fund LP, (“Augustine”), Technology Transformation Venture Fund, LP (“TVF”), John Donohue (“Donohue”), Richard P. Kiphart (“Kiphart”), David R. Asplund (“Asplund”) and John Thomas Hurvis Revocable Trust (“Hurvis Tr
AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • March 23rd, 2004 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • Illinois
This Amended and Restated Investor Rights Agreement, dated as of March 19, 2004 (as it may be amended, restated or modified and in effect from time to time, this “Agreement”), is made by and among Electric City Corp., a Delaware corporation (the “Company”), and each of the parties set forth on Schedule I attached hereto from time to time (collectively, the “Investors” and, together with the Company, the “Parties”) and shall become effective on the Closing Date (as defined in the Redemption and Exchange Agreement (as defined below)).
