ContractWarrant Agreement • March 31st, 2015 • Real Goods Solar, Inc. • Construction - special trade contractors • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 31st, 2015 • Real Goods Solar, Inc. • Construction - special trade contractors • California
THIS PURCHASE AND SALE AGREEMENT (the “Agreement”) is made as of December 3, 2014 (the “Effective Date”) by and among Real Goods Solar, Inc., a Colorado corporation, Real Goods Energy Tech, Inc., a Colorado corporation, and Real Goods Trading Corporation (“RGTC”), a California corporation (collectively, “Seller”), on the one hand, and John Schaeffer and Nancy Hensley, as Trustees of the John Schaeffer and Nancy Hensley Living Trust (the “Trust”) and RGTC, Inc., a California corporation (the “Asset Purchaser” and collectively with the Trust, the “Buyer”), on the other hand, (Buyer and Seller are sometimes referred to herein individually as a “Party” and collectively as the “Parties”):
SEVENTH LOAN MODIFICATION AND WAIVER AGREEMENTLoan Modification Agreement • March 31st, 2015 • Real Goods Solar, Inc. • Construction - special trade contractors
This Seventh Loan Modification and Waiver Agreement (this “Loan Modification Agreement”) is entered into as of November 19, 2014 (the “Seventh Loan Modification Effective Date”), by and among (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 2400 Hanover Street, Palo Alto, California 94304 (“Bank”), and (ii) REAL GOODS ENERGY TECH, INC., a Colorado corporation (“Real Goods Energy”), REAL GOODS TRADING CORPORATION, a California corporation (“Real Goods Trading”), ALTERIS RENEWABLES, INC., a Delaware corporation (“Alteris”) and REAL GOODS SYNDICATED, INC., a Delaware corporation (“Syndicated”), MERCURY ENERGY, INC., a Delaware corporation (“Mercury”), REAL GOODS SOLAR, INC. – MERCURY SOLAR, a New York corporation (“Mercury Solar”), ELEMENTAL ENERGY, LLC, a Hawaii limited liability company (“Elemental”), and SUNETRIC MANAGEMENT LLC, a Delaware limited liability company (“Sunetric”, and together with Real Goods Energy, Real Goods Trading, Alteris, S
