BEACON POWER CORPORATION WARRANT AMENDMENT AND EXERCISE AGREEMENTWarrant Amendment and Exercise Agreement • August 9th, 2011 • Beacon Power Corp • Electric services • New York
This Agreement (the “Agreement”) dated May 24, 2011 relates to (i) Warrant Number A-4 dated December 23, 2010 (the “Common Stock Warrant”) issued by Beacon Power Corporation, a Delaware corporation (the “Company”) to Kingsbrook Opportunities Master Fund LP (the “Holder”), pursuant to which the Holder is entitled to subscribe for and purchase up to 668,741 shares of the voting common stock of the Company, par value $0.01 per share (the “Common Stock”) and (ii) Series B Warrant No. 4 dated December 23, 2010 (the “Series B Warrant”) issued by the Company to the Holder, pursuant to which the Holder was initially entitled to subscribe for and purchase up to 750 shares of Series B convertible preferred stock of the Company, par value $0.01 per share (the “Preferred Stock”), at an exercise price of $1,000 per share of Preferred Stock. Capitalized terms used but not defined in this Agreement have the meanings given to them in the Common Stock Warrant.
FIRST AMENDMENT TO COMMON AGREEMENT dated as of June 2, 2011 among STEPHENTOWN REGULATION SERVICES LLC, as Borrower and PNC BANK NATIONAL ASSOCIATION, D/B/A MIDLAND LOAN SERVICES, a division of PNC Bank National Association, as Administrative Agent in...Common Agreement • August 9th, 2011 • Beacon Power Corp • Electric services
This FIRST AMENDMENT TO COMMON AGREEMENT (this “Amendment”), dated as of June 2, 2011, is by and among (i) STEPHENTOWN REGULATION SERVICES LLC, a limited liability company organized and existing under the laws of Delaware, as Borrower (the “Borrower”), (ii) the U.S. DEPARTMENT OF ENERGY, acting by and through the Secretary of Energy, for itself as a Credit Party and as guarantor of the Advances made under the DOE Credit Facility Documents (in such capacity, “DOE”), (iii) the U.S. DEPARTMENT OF ENERGY, acting through its Loan Guarantee Program Office, as the Loan Servicer (in such capacity, the “Loan Servicer”), and (iv) PNC BANK NATIONAL ASSOCIATION, D/B/A MIDLAND LOAN SERVICES, a division of PNC Bank National Association, successor in interest by merger to Midland Loan Services, Inc., as the Administrative Agent in its capacity as the Collateral Agent, and amends a Common Agreement, dated as of August 6, 2010, by and among the Borrower, DOE, the Loan Servicer, and the Collateral Agent
FIRST AMENDMENT TO CORPORATE GUARANTY among BEACON POWER CORPORATION, The U.S. DEPARTMENT OF ENERGY and PNC BANK NATIONAL ASSOCIATION, D/B/A MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK NATIONAL ASSOCIATION, as Administrative Agent in its capacity as...Corporate Guaranty • August 9th, 2011 • Beacon Power Corp • Electric services
This FIRST AMENDMENT TO CORPORATE GUARANTY made and entered into as of June 2, 2011 (this “Amendment”), is by and among BEACON POWER CORPORATION, a corporation duly organized and validly existing under and by virtue of the laws of the State of Delaware, having an office at 65 Middlesex Road, Tyngsboro, MA 01879 (the “Guarantor”), the U.S. DEPARTMENT OF ENERGY, an agency of the United States of America (“DOE” or a “Secured Party”), and PNC BANK NATIONAL ASSOCIATION, D/B/A MIDLAND LOAN SERVICES, a division of PNC Bank National Association, successor in interest by merger to Midland Loan Services, Inc., having an office at 10851 Mastin, Suite 700 Overland Park, KS 66210, as administrative agent in its capacity as the collateral agent (the “Collateral Agent” or a “Secured Party”), together with any successor collateral agent at the time serving as such under the Common Agreement dated as of August 6, 2010, among Stephentown Regulation Services LLC (the “Borrower”), DOE and the Collateral A
BEACON POWER CORPORATION WARRANT AMENDMENT AND EXERCISE AGREEMENTWarrant Amendment and Exercise Agreement • August 9th, 2011 • Beacon Power Corp • Electric services • New York
This Agreement (the “Agreement”) dated May 12, 2011 relates to (i) Warrant Number V-10 dated December 24, 2008 (the “Common Stock Warrant”) issued by Beacon Power Corporation, a Delaware corporation (the “Company”) to Hudson Bay Master Fund Ltd. (the “Holder”), pursuant to which the Holder is entitled to subscribe for and purchase up to 740,000 (after giving effect to all stock splits and reverse stock splits on or prior to the date hereof (the “Adjustments”)) shares of the voting common stock of the Company, par value $0.01 per share (the “Common Stock”) and (ii) Series B Warrant No. 1 dated December 23, 2010 (the “Series B Warrant”) issued by the Company to the Holder, pursuant to which the Holder is entitled to subscribe for and purchase up to 1,750 shares of Series B convertible preferred stock of the Company, par value $0.01 per share (the “Preferred Stock”), at an exercise price of $1,000 per share of Preferred Stock. Capitalized terms used but not defined in this Agreement have
BEACON POWER CORPORATION WARRANT AMENDMENT AND EXERCISE AGREEMENTWarrant Amendment and Exercise Agreement • August 9th, 2011 • Beacon Power Corp • Electric services • New York
This Agreement (the “Agreement”) dated May 31, 2011 relates to Warrant Number U-2 dated October 15, 2008 (the “Warrant”) issued by Beacon Power Corporation, a Delaware corporation (the “Company”) to Alpha Capital AG (the “Holder”), pursuant to which the Holder is entitled to subscribe for and purchase up to 870,000 shares of the voting common stock of the Company, par value $0.01 per share (the “Common Stock”). Capitalized terms used but not defined in this Agreement have the meanings given to them in the Warrant.
