COMMON STOCK PURCHASE AGREEMENTCommon Stock Purchase Agreement • February 20th, 2009 • Beacon Power Corp • Electric services • New York
This Common Stock Purchase Agreement (this “Agreement”) is dated as of February 19, 2009, by and between Beacon Power Corporation, a Delaware corporation (the “Company”), and Seaside 88, LP, a Florida limited partnership (such investor, including its successors and assigns, “Seaside”).
AMENDMENT NO. 4 to RIGHTS AGREEMENT between BEACON POWER CORPORATION and COMPUTERSHARE TRUST COMPANY, N.A. (fka EQUISERVE TRUST COMPANY, N.A.) Dated as of February 18, 2009Rights Agreement • February 20th, 2009 • Beacon Power Corp • Electric services • Delaware
This AMENDMENT NO. 4, dated as of February 18, 2009 to Rights Agreement, dated as of September 25, 2002, as previously amended by Amendment No. 1 dated as of December 27, 2002, Amendment No. 2 dated as of August 8, 2007 and Amendment No. 3 dated as of October 24, 2007 (as amended, the “Rights Agreement”), is between Beacon Power Corporation, a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (fka EquiServe Trust Company, N.A.), as Rights Agent (the “Rights Agent”). Capitalized terms used but not defined herein have the meanings ascribed to such terms in the Rights Agreement.
