ELECTRIC CITY CORP. SECURITIES PURCHASE AGREEMENT Dated as of June 27, 2003Securities Purchase Agreement • July 2nd, 2003 • 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 June 27, 2003 by Electric City Corp., a Delaware corporation (the “Company”), and the purchasers whose names appear on the signature page of this Agreement (each, a “Purchaser” and collectively, the “Purchasers”).
STOCK TRADING AGREEMENTStock Trading Agreement • July 2nd, 2003 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • New York
This Stock Trading Agreement, dated as of June 27, 2003 (as may be amended from time to time, this “Agreement”), is made by and among Electric City Corp., a Delaware corporation (the “Company”), Richard P. Kiphart, an individual (“Kiphart”), Cinergy Ventures II, LLC, a Delaware limited liability company(“Cinergy”), SF Capital Partners, a British Virgin Islands company (“SFCP”), David R. Asplund, an individual (“Asplund”) and John Thomas Hurvis Revocable Trust, an Illinois trust (“Hurvis Trust”) (collectively, Kiphart, Cinergy, SFCP, Asplund and Hurvis Trust are referred to herein as the “Purchasers”), and shall become effective upon the Closing under the Securities Purchase Agreement (as herein defined).
JOINDER AND SECOND AMENDMENT TO INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • July 2nd, 2003 • Electric City Corp • Electronic & other electrical equipment (no computer equip) • New York
This Joinder and Second Amendment to Investor Rights Agreement (this “Agreement”) is dated as of June 27, 2003 and is by and among Electric City Corp., a Delaware corporation (the “Company”), Newcourt Capital USA Inc., a Delaware corporation, Newcourt Capital Securities, Inc., a Delaware corporation, EP Power Finance L.L.C., a Delaware limited liability company, Morgan Stanley Dean Witter Equity Funding, Inc., a Delaware corporation, Originators Investment Plan, L.P., a Delaware limited partnership, Duke Capital Partners, LLC, a Delaware limited liability company, Leaf Mountain Company, LLC, an Illinois limited liability company, Richard P. Kiphart, an individual, Cinergy Ventures II, LLC, a Delaware limited liability company(“Cinergy”), SF Capital Partners, a British Virgin Islands company (“SFCP”), John Thomas Hurvis Revocable Trust (“Hurvis Trust”) and David R. Asplund, an individual (“Asplund”).
