ROPES & GRAY LLP ONE INTERNATIONAL PLACE BOSTON, MA 02110-2624 617-951-7000 F 617-951-7050 BOSTON NEW YORK SAN FRANCISCO WASHINGTON, DCContribution and Merger Agreement • October 22nd, 2003 • Distributed Energy Systems Corp • Electric services
HALE AND DORR LETTERHEADAgreement and Plan of Contribution and Merger • October 22nd, 2003 • Distributed Energy Systems Corp • Electric services
LEASE AGREEMENTLease Agreement • October 22nd, 2003 • Distributed Energy Systems Corp • Electric services • Vermont
THIS LEASE agreement, made this 28th day of March, 2003, by and between Central Vermont Economic Development Corporation, a Vermont corporation with a principal place of business at the National Life Building, PO Box 1439, Montpelier, Vermont, 05601 (hereinafter called “Landlord”), and Northern Power Systems, Inc., a Delaware corporation, with a place of business at 182 Mad River Park, Waitsfield, Vermont (hereinafter called “Tenant”).
FIRST AMENDMENT TO BONDING SUPPORT AGREEMENTBonding Support Agreement • October 22nd, 2003 • Distributed Energy Systems Corp • Electric services
The Bonding Support Agreement (the “Agreement”) dated as of May 22, 2003 by and between Northern Power Systems, Inc. and Proton Energy Systems, Inc. is hereby amended by replacing the words “$2 million” in the last sentence of Section 1 thereof with the words “$3 million”. Except as amended herein, the Agreement is confirmed to remain in full force and effect.
