SHARES OF COMMON STOCK AND [_________] WARRANTS TO PURCHASE COMMON STOCK FLEXENERGY GREEN SOLUTIONS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus • New York
The undersigned, FlexEnergy Green Solutions, Inc., a Delaware corporation (the “Company”), hereby confirms its agreement (this “Agreement”) with Roth Capital Partners, LLC (the “Underwriter”) on the terms and conditions set forth herein.
WARRANT AGENT AGREEMENTWarrant Agent Agreement • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus • New York
This Warrant Agent Agreement (this “Warrant Agreement”), dated as of ___, 2022 (the “Issuance Date”) between FlexEnergy Green Solutions, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC (the “Warrant Agent”).
FLEXENERGY POWER SOLUTIONS, LLC AMENDED AND RESTATED SAFE (Simple Agreement for Future Equity)Safe (Simple Agreement for Future Equity) • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus
THIS CERTIFIES THAT in exchange for the payment by the undersigned investor (the “Investor”) of the Funded Amount, FlexEnergy Power Solutions, LLC, a Delaware limited liability corporation (the “Company”), issues to the Investor the right to certain equity securities, subject to the terms described below. This Amended and Restated Safe (this “Safe”) amends, restates, supersedes and replaces that the Original Safe (defined below). Certain capitalized terms used herein have the meanings ascribed to them in Section 2.
FLEX LEASING POWER & SERVICE LLC EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus • Colorado
This Executive Employment Agreement (this “Agreement”) is entered by and between Flex Leasing Power & Service LLC, a Delaware limited liability company (the “Company”), and Doug Baltzer (“Executive”).
FLEXENERGY GREEN SOLUTIONS, INC. BOARD CHAIRPERSON COMPENSATION AGREEMENTBoard Chairperson Compensation Agreement • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus • Delaware
This Board Chairperson Compensation Agreement (this “Agreement”), dated as of December 13, 2021 is entered into by and between FlexEnergy Green Solutions, Inc., a Delaware corporation (the “Company”), and George P. Walker (“Director”).
ContractLease Renewal Agreement • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus
AGREEMENT TO RENEW LEASE MADE THIS 15"' DAY OF DECEMBER, 2021; BElWEEN: BENNETT FINANCIAL CORP, (hereinafter called "the Landlord") -and- FLEX LEASING POWER ANO SERVICE ULC (hereinafter called "the Tenant") WHEREAS by a written lease agreement dated the 1•1 day of December, 2015 (the "Lease•), the Landlord leased to the Tenant the premises legally described as follows: CONDOMINIUM PLAN 1320815 UNIT2 AND 5000 UNDIVIDED ONE TEN THOUSANTH SHARES IN THE COMMON PROPERTY EXCEPTING THEREOUT ALL MINES AND MINERALS ANO WHEREAS the Term (as described in the Lease) of the Lease was renewed for a further year by a renewal agreement dated December 14, 2018 (the *First Renewal Agreement"); ANO WHEREAS the Term was subsequently renewed for a further year by a renewal agreement dated October 1st, 2019 (the "Second Renewal Agreemenr); AND WHEREAS the Tenn was subsequently renewed for a further year by a renewal agreement dated July 1, 2020 (the "Third Renewal Agreement"); AND WHEREAS the Landlord and t
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 11th, 2022 • FlexEnergy Green Solutions, Inc. • Electrical industrial apparatus • Texas
This CREDIT AGREEMENT dated as of February 8, 2019 (as the same may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among FLEX LEASING POWER & SERVICE LLC, a Delaware limited liability company (“Company”), FLEX LEASING POWER AND SERVICE ULC, an Alberta unlimited liability corporation (“Canadian Borrower”; and together with Company and any Subsidiary of Company that becomes party hereto as a “Borrower” pursuant to Section 6.13(a), including their respective successors and assigns to the extent permitted by Section 11.8, individually, a “Borrower”, and collectively, “Borrowers”), each of the other Loan Parties from time to time party hereto, the Lenders from time to time party hereto, and TEXAS CAPITAL BANK, a national banking association, as Administrative Agent, Swing Line Lender and L/C Issuer.
