AMENDMENT NO. 2Amendment No. 2 • October 13th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Amendment No. 2 dated as of November 7, 2008 (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”).
Preliminary statementSupplemental Agreement • October 13th, 2009 • MxEnergy Holdings Inc • Natural gas distribution
Murray and the Company wish to memorialize their understanding with respect to the amount and timing of and conditions to payment of Murray’s bonuses for fiscal years 2008 and 2009 and the treatment of his outstanding options.
SIXTEENTH AMENDMENT TO MASTER TRANSACTION AGREEMENTMaster Transaction Agreement • October 13th, 2009 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Sixteenth Amendment to the Master Transaction Agreement (this “Amendment”), dated as of September 3, 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”).
