FIFTH AMENDMENT TO MASTER TRANSACTION AGREEMENTMaster Transaction Agreement • October 14th, 2008 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Fifth Amendment to Master Transaction Agreement (this “Amendment”), dated as of September 30, 2008 (the “Amendment Date”), by and among MXenergy Inc., a Delaware corporation (the “Counterparty”), MXenergy Holdings Inc. and certain Subsidiaries thereof, as guarantors (collectively, the “Guarantors”), and Société Générale, as hedge provider (the “Hedge Provider”).
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • October 14th, 2008 • MxEnergy Holdings Inc • Natural gas distribution • New York
This First Amendment (this “Amendment”), dated as of June 9, 2008 (the “Amendment Effective Date”), to the Third Amended and Restated Stockholders’ Agreement dated June 25, 2004 (the “Stockholders’ Agreement”; terms not otherwise defined herein are used herein as therein defined), is by and among MXenergy Holdings Inc., a Delaware corporation (the “Company”), Charter Mx LLC, a Delaware limited liability company (“Charter Mx”), Denham Commodity Partners Fund L.P. f/k/a Lathi LLC, a Delaware limited partnership (“Denham”), and Stockholders holding a majority of the outstanding shares of Voting Stock as of the Effective Date.
