AMENDMENT NO. 2 TO RIGHTS AGREEMENTRights Agreement • March 3rd, 2010 • Energy Focus, Inc/De • Electric lighting & wiring equipment • New York
This Second Amendment (this “Amendment”) to that certain Rights Agreement dated as of October 25, 2006 between the parties, as amended by a First Amendment as of March 13, 2008 (the “Rights Agreement”), is entered into as of December 31, 2009 between Energy Focus, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”). Capitalized terms used but not defined in this Amendment have the meanings given to them in the Rights Agreement.
