ContractCommon Stock Purchase • October 2nd, 2009 • 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.
8% SECURED CONVERTIBLE PROMISSORY NOTEThermoenergy Corp • October 2nd, 2009 • Hazardous waste management
This Note is one of six substantially identical promissory notes in the aggregate principal amount of $1,680,000 issued by the Borrower on or about the date hereof and identified on Exhibit A hereto under the heading “New Notes” (which promissory notes, together with those certain amended and restated promissory notes in the original aggregate principal amount of $4,000,000 issued by the Borrower on or about the date hereof and identified on Exhibit A hereto under the heading “Restated Notes”, are referred to herein as the “Series Notes”).
SECURITY AGREEMENTSecurity Agreement • October 2nd, 2009 • Thermoenergy Corp • Hazardous waste management • Delaware
THIS SECURITY AGREEMENT (this “Agreement”) is dated as of September 28, 2009, and is entered into by and among ThermoEnergy Corporation, a Delaware corporation having its principal place of business in Little Rock, Arkansas (the “Debtor”), and Empire Capital Partners, LP, Empire Capital Partners, Ltd, Empire Capital Partners Enhanced Master Fund, Ltd, Scott A. Fine, Peter J. Richards, Focus Fund, L.P., Robert S. Trump (collectively, with The Quercus Trust, the “Secured Parties”) and The Quercus Trust, for itself and as the agent for and for the benefit of the Secured Parties (the “Agent”). Capitalized terms not otherwise defined herein are used as defined in the Delaware Uniform Commercial Code on the date of this Agreement (the “UCC”).
