YA GLOBAL INVESTMENTS, L.P. 101 Hudson Street, Suite 3700 Jersey City, NJ 07302 August 7, 2009Securities Purchase Agreement • August 13th, 2009 • Global Energy Inc • Industrial organic chemicals
Reference is made to that certain Securities Purchase Agreement dated July 6, 2007 (the “Securities Purchase Agreement”) between Global Energy, Inc. (the “Company”) and YA Global Investments, L.P. (the “Buyer”) and the secured convertible debentures (collectively, the “Existing Debentures”) and warrants (the “Warrants”) issued thereunder. The Company and the Buyer have agreed to make certain modifications to the rights and obligations of each party under the Securities Purchase Agreement, Existing Debentures, and related documents and instruments. For the purposes hereof the Securities Purchase Agreement, the Existing Debentures, the Warrants, along with all security agreement, and other documents and instruments executed in connection with the forgoing shall be referred to herein as the “Transaction Documents.”
