AMENDEMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERDebentures and Warrants, Agreement and Waiver • September 4th, 2008 • Ecotality, Inc. • Motors & generators
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on August 29, 2008, and is effective as of May 1, 2008 (the “Agreement Effective Date”) by and among Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe”) and Ecotality, Inc., a Nevada corporation (the “Company”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in each of the Purchase Agreements (each as defined below) or in each of the Debentures (each as defined below).
