March 7, 2012Director Designation Right • March 16th, 2012 • Kinderhook Partners, Lp • Electric services • Delaware
Reference is hereby made to that certain Securities Purchase Agreement dated on or about the date hereof by and between Active Power, Inc., a Delaware corporation (the “Company”), Kinderhook Partners, L.P. (“Kinderhook”) and the other signatories thereto (the “Purchase Agreement”). In connection with Kinderhook’s purchase of shares of the Company’s common stock pursuant to the Purchase Agreement, the Company and Kinderhook hereby agree as follows:
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 16th, 2012 • Kinderhook Partners, Lp • Electric services • Delaware
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made effective as of March 7, 2012, by and among Active Power, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, with its principal offices at 2128 W. Braker Lane, BK12, Austin, Texas 78758, and the purchasers whose names and addresses are set forth on the signature pages hereof (each a “Purchaser” and collectively the “Purchasers”).
RESALE REGISTRATION RIGHTS AGREEMENTResale Registration Rights Agreement • March 16th, 2012 • Kinderhook Partners, Lp • Electric services • Delaware
RESALE REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of March 7, 2012, by and among Active Power, Inc., a Delaware corporation (the "Company"), and Kinderhook Partners, LP (together with its affiliates, the "Initial Holder").
