0001104659-09-046609 Sample Contracts

SIXTH AMENDMENT, WAIVER & CONSENT
Deposit Account Control Agreement • August 3rd, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York

This Sixth Amendment, Waiver & Consent (this “Amendment”) dated as of July 31, 2009 (the “Sixth 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”), the financial institutions and other Persons whose signatures appear below as Lenders, Société Générale, as Issuing Bank, and Société Générale, as Administrative Agent.

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THIRTEENTH AMENDMENT TO MASTER TRANSACTION AGREEMENT
Master Transaction Agreement • August 3rd, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York

This Thirteenth Amendment to the Master Transaction Agreement (this “Amendment”), dated as of July 31, 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 Société Générale, as hedge provider (the “Hedge Provider”).

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