CREDIT AGREEMENT Dated as of January 18, 2007 among ALTERNATIVE ENERGY RESOURCES, INC. as Borrower, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as Credit Parties, THE LENDERS SIGNATORY HERETO FROM TIME TO TIME, as Lenders, and GENERAL ELECTRIC CAPITAL...Credit Agreement • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of January 18, 2007 among ALTERNATIVE ENERGY RESOURCES, INC., a Delaware corporation (“Borrower”); COMVERGE, INC., a Delaware corporation (“Parent”) (for the limited purpose of providing those certain representations and warranties described in Article III of this Agreement), the other Credit Parties signatory hereto from time to time; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, “GE Capital”), for itself, as Lender, and as Agent for Lenders, and the other Lenders signatory hereto from time to time.
DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT BETWEEN PUBLIC SERVICE COMPANY OF NEW MEXICO AND COMVERGE, INC. DATED JANUARY 31, 2007Demand Response Capacity Delivery Agreement • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • New Mexico
This DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT (“Agreement”), dated as of January 31, 2007, is entered into by and between Public Service Company of New Mexico, a New Mexico corporation, with principal offices at Alvarado Square, Albuquerque, NM 87158 (“PNM”) and Comverge, Inc., a Delaware corporation, located at 120 Eagle Rock Avenue, Suite 190, East Hanover, NJ 07936 (“Comverge”). PNM and Comverge are sometimes hereinafter referred to as the “Parties” or individually as a “Party.”
AGREEMENT FOR SUPPLEMENTAL INSTALLED CAPACITY SOUTHWEST CONNECTICUT (LRP Resources) Between ISO New England Inc. as agent for the Market Participants in the New England Control Area And Comverge, Inc.Supplemental Installed Capacity Agreement • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Delaware
This Supplemental Installed Capacity Agreement (“Agreement”) is entered into as of April 13, 2004, by and between ISO New England Inc. (the “ISO”), on behalf of the market participants in the New England Control Area (the “Market Participants”), and Comverge, Inc. (the “Supplier”) and, except the Supplier’s obligation pursuant to Section 2.1, shall become effective on the Effective Date.
January 10, 2007 Mr. Andrew Kahn Partners for GrowthIntercreditor Agreement • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Delaware
ContractContract • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Utah
*** Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
SECOND AMENDMENTDemand Response Capacity Delivery Agreement • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments
This SECOND AMENDMENT effective as of January 19, 2007 (“Effective Date”) is entered into by and between San Diego Gas & Electric Company (“SDG&E”) and Alternative Energy Resources, Inc. (“Seller”). SDG&E and Seller are sometimes referred to herein as “Party” and collectively as the “Parties.”
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 8th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments
This Sixth Amendment to Loan and Security Agreement dated as of January 11, 2007 is entered into between Silicon Valley Bank ("Silicon") and Comverge, Inc. ("Borrower") as of the above-stated date.
