REAL GOODS SOLAR, INC. WARRANT TO PURCHASE COMMON STOCKReal Goods Solar, Inc. • May 11th, 2015 • Construction - special trade contractors • New York
Real Goods Solar, Inc., a Colorado corporation (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, , the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after the later of (i) six (6) months after the Issuance Date, and (ii) the date as of which the Reverse Stock Split Resolution and the Authorized Shares Increase Resolution (each, as defined in the Securities Purchase Agreement) have been obtained and both the Reverse Stock Split and Authorized Shares Increase Amendment have been adopted and become effective (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), up to such number of fully paid and nonassessable shares of Common Stock equal to the Warrant
WAIVER AND AMENDMENT AGREEMENTWaiver and Amendment Agreement • May 11th, 2015 • Real Goods Solar, Inc. • Construction - special trade contractors • New York
THIS WAIVER AND AMENDMENT AGREEMENT (this “Agreement”) is made and entered into as of March 31 2015 (the “Execution Date”), by and among Real Goods Solar, Inc., a Colorado corporation (the “Company”), and the undersigned investor (the “Holder”). Capitalized terms used but not defined herein shall have the meanings set forth in the Securities Purchase Agreement (as defined in the Recitals below).
EIGHTH LOAN MODIFICATION AGREEMENTEighth Loan Modification Agreement • May 11th, 2015 • Real Goods Solar, Inc. • Construction - special trade contractors
This Eighth Loan Modification Agreement (this “Loan Modification Agreement”) is entered into as of January 30, 2015 (the “Eighth 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, Syndicated, Mer
