EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVERLoan and Security Agreement and Waiver • June 12th, 2008 • Commerce Energy Group, Inc. • Electric services • California
THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this "Amendment"), dated as of June 11, 2008, is entered into among COMMERCE ENERGY, INC., a California corporation ("Borrower"), COMMERCE ENERGY GROUP, INC., a Delaware corporation ("Parent"), WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, as Agent ("Agent") and the financial institutions party to the below referenced Loan Agreement as Lenders (collectively, "Lenders").
BLOCKED ACCOUNT CONTROL AGREEMENT (WITH LOCKBOX SERVICES)Control Agreement • June 12th, 2008 • Commerce Energy Group, Inc. • Electric services • Minnesota
Please be advised that pursuant to certain agreements between Commerce Energy, Inc., a California corporation (“Company”) and Wachovia Capital Finance Corporation (Western), as agent (“Lender”), Company will cause all checks, drafts and other orders of payments made payable to Company to be mailed to a lockbox (the “Lockbox”) maintained at U.S. Bank National Association (“Depositary Bank”). All payments mailed to the Lockbox shall be deposited to deposit account number(s) [*] (such account(s), together with all substitutions and replacements therefor, the “Deposit Account”) located at Depositary Bank, and subject to the terms of the Deposit Agreements (defined below).
RELEASE AGREEMENTRelease Agreement • June 12th, 2008 • Commerce Energy Group, Inc. • Electric services
This Release Agreement is entered into this 16th day of April 2008 by and among Commerce Energy, Inc., a California corporation (“Commerce”), Tenaska Power Services Co., a Nebraska corporation (“Tenaska”) and Wachovia Capital Finance Corporation (Western) (“Wachovia”) as agent for the lenders party to that certain Loan and Security Agreement dated June 8, 2006 as amended (the “Loan Agreement”) with respect to the following facts:
CONFIDENTIAL SEVERANCE AGREEMENT AND GENERAL RELEASEConfidential Severance Agreement and General • June 12th, 2008 • Commerce Energy Group, Inc. • Electric services • California
Commerce Energy Group, Inc. (“Company”) and Thomas L. Ulry (“Employee”) hereby agree to end their employment relationship on the following basis:
