LOCKUP AGREEMENTLockup Agreement • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices • Delaware
This Lockup Agreement (this “Agreement”) is made and entered into as of September __, 2021, by and between iSun, Inc., a Delaware corporation (“iSun”), and the person set forth on the signature page attached hereto (“Stockholder”). Each capitalized term used, but not otherwise defined, herein has the respective meaning ascribed to such term in the Agreement and Plan of Merger, dated as of September , 2021, by and among iSun, iSun Residential Merger Sub, Inc., a Vermont corporation and wholly-owned subsidiary of iSun Residential, Inc., a Delaware corporation and wholly-owned subsidiary of iSun, SolarCommunities, Inc., a Vermont benefit corporation, Jeffrey Irish, James Moore, and Duane Peterson, as Shareholder Representative Group (the “Merger Agreement”).
PUT AGREEMENTPut Agreement • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices • Delaware
This Put Agreement (this “Agreement”), is made and entered as of [DATE], by and between iSun, Inc., a Delaware corporation (the “Company”), and [STOCKHOLDER NAME] (the “Stockholder”).
IRREVOCABLE PROXYIrrevocable Proxy • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices
In accordance with the Agreement and Plan of Merger (the “Agreement”) by and among iSun, Inc., a Delaware corporation (the “Company”), iSun Residential Merger Sub, Inc., a Vermont corporation, iSun Residential, Inc., a Delaware corporation, SolarCommunities, Inc., a Vermont benefit corporation, Jeffrey Irish, James Moore, and Duane Peterson as Shareholder Representative Group), the undersigned Stockholder (the “Stockholder”) agrees as follows:
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices • Vermont
This Executive Employment Agreement (the “Agreement”) is entered into as of [ ] __, 2021 by and between SolarCommunities, Inc., a Vermont corporation (the “Company”), and [ ] (“Executive”), each a “party” and together the “parties.” This Agreement consists of this Agreement and Exhibits [A, B and C].
September 30, 2021Letter Agreement • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices • Delaware
This first amended and restated letter agreement (this “First A&R Letter Agreement”) amends and restates, in its entirety, the Letter Agreement dated September 8, 2021 entered into in connection with Agreement and Plan of Merger (the “Merger Agreement”), dated as of September 9, 2021 (the “Signing Date”), is entered into among iSun, Inc., a Delaware corporation (“Parent”), iSun Residential, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“iSun Residential”), iSun Residential Merger Sub, Inc., a Vermont corporation and wholly- owned subsidiary of iSun Residential (“Merger Sub,” and, together with iSun Residential, the “Parent Subsidiaries”), and SolarCommunities, Inc. d/b/a SunCommon, a Vermont benefit corporation (the “Company”), and Duane Peterson (“Peterson”), James Moore (“Moore”), each an individual resident of the State of Vermont and Jeffrey Irish (‘Irish”), an individual resident of the State of Florida, solely in their individual capacity.
LOAN AND SECURITY AGREEMENT BETWEENLoan and Security Agreement • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices • New York
THIS LOAN AND SECURITY AGREEMENT (“Agreement”) is dated as of September 30, 2021, by and between iSun, Inc., a Delaware corporation and all of its affiliated entities, including the entities set forth in Schedule A attached hereto (“Borrower”), and B. Riley Commercial Capital, LLC and its successors and assigns (“Lender”).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices • New York
This INTELLECTUAL PROPERTY SECURITY AGREEMENT, dated as of September 30, 2021 (as amended, supplemented or otherwise modified from time to time, the “Intellectual Property Security Agreement”), is made by iSun, Inc., a Delaware corporation, and all of its affiliated entities (“Borrower”), and B. Riley Commercial Capital, LLC and its successors and assigns (“Lender”).
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 5th, 2021 • Isun, Inc. • Semiconductors & related devices
This First Amendment to Agreement and Plan of Merger (the “Amendment”) is dated as of September 30, 2021 and is made by and among iSun, Inc., a Delaware corporation (“Parent”), iSun Residential, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“iSun Residential”), iSun Residential Merger Sub, Inc., a Vermont corporation and wholly- owned subsidiary of iSun Residential (“Merger Sub,” and, together with iSun Residential, the “Parent Subsidiaries”), and SolarCommunities, Inc. d/b/a SunCommon, a Vermont benefit corporation (the “Company”), and Duane Peterson, James Moore, each an individual resident of the State of Vermont and Jeffrey Irish, an individual resident of the State of Florida, solely in their capacity as a Shareholder Representative (collectively, the “Shareholder Representative Group”).
