ContractCommon Stock Purchase Warrant • September 17th, 2008 • Thermoenergy Corp • Hazardous waste management • Delaware
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
ThermoEnergy Corporation Securities Purchase AgreementSecurities Purchase Agreement • September 17th, 2008 • Thermoenergy Corp • Hazardous waste management • Arkansas
This Securities Purchase Agreement (this“Agreement”) is dated as of September 15, 2008, by and between ThermoEnergy Corporation, a Delaware corporation (the“Company”), and The Quercus Trust (the“Investor”).
ContractConvertible Promissory Note • September 17th, 2008 • Thermoenergy Corp • Hazardous waste management • Arkansas
THIS NOTE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION OF, OR IN PAYMENT OF INTEREST ON, THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NEITHER THIS NOTE NOR SUCH SHARES OF COMMON STOCK MAY BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH SECURITIES ACT AND ANY APPLICABLE STATE SECURITIES LAW OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUING CORPORATION THAT SUCH REGISTRATION IS NOT REQUIRED.
ThermoEnergy Corporation Amendment No. 1 to Common Stock Purchase Warrant No. 2007-12-1 September 15, 2008Common Stock Purchase Warrant Amendment • September 17th, 2008 • Thermoenergy Corp • Hazardous waste management
Pursuant to Section 14.5 of the above-referenced Common Stock Purchase Warrant (the “Warrant”), The Quercus Trust (the “Holder”) and ThermoEnergy Corporation, a Delaware corporation (the “Company”) hereby agree that, in order to reduce the exercise price of the Warrant from $1.50 per share to $1.25 per share, the Warrant be and hereby is amended by deleting in its entirety the first paragraph thereof and substituting therefor the following new first paragraph:
