AMENDMENT NO. 3Amendment No. 3 • June 12th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Amendment No. 3 dated as of June 8, 2009 (this “Amendment”) is among (a) Société Générale, as Administrative Agent (in such capacity, with its successors and assigns, the “Credit Agreement Representative”) for the Credit Agreement Secured Parties, (b) Société Générale, as a Secured Counterparty (“Secured Counterparty”), (c) Denham Commodity Partners Fund LP (formerly Sowood Commodity Partners Fund LP), a Delaware limited partnership (together with its successors and assigns, “Sowood”), and (d) MxEnergy Holdings Inc., a Delaware corporation, MxEnergy Inc., a Delaware corporation (“MxEnergy”), MxEnergy Electric Inc., a Delaware corporation (“MxElectric”, and together with MxEnergy, the “Borrowers”), and certain of their respective subsidiaries party thereto (the “Intercreditor Parties”).
TWELFTH AMENDMENT TO MASTER TRANSACTION AGREEMENTMaster Transaction Agreement • June 12th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Twelfth Amendment to the Master Transaction Agreement (this “Amendment”), dated as of June 8, 2009 (the “Amendment Date”), by and among MXEnergy Inc., a Delaware corporation (the “Counterparty”), MXEnergy Holdings Inc. (the “Parent”) and certain Subsidiaries thereof, as guarantors (collectively, the “Guarantors”), and Societe Generale, as hedge provider (the “Hedge Provider”).
FOURTH AMENDMENT & WAIVERCredit Agreement • June 12th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Fourth Amendment & Waiver (this “Amendment”) dated as of June 8, 2009 (the “Fourth Amendment Effective Date”) is by and among MxEnergy Inc., a Delaware corporation (“MxEnergy”), MxEnergy Electric Inc., a Delaware corporation (“MxEnergy Electric”, MxEnergy and MxEnergy Electric each a “Borrower” and collectively, the “Borrowers”), MxEnergy Holdings Inc. and certain Subsidiaries thereof (collectively, the “Guarantors”), and the financial institutions and other Persons whose signatures appear below as Lenders.
