LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 12th, 2008 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date by and among SILICON VALLEY BANK, a California corporation (“Bank”), COMVERGE, INC., a Delaware corporation (“Comverge”), ENERWISE GLOBAL TECHNOLOGIES, INC., a Delaware corporation (“Enerwise”), COMVERGE GIANTS, INC., a Delaware corporation (“Giants”), PUBLIC ENERGY SOLUTIONS, LLC, a Delaware limited liability company (“PES”) PUBLIC ENERGY SOLUTIONS NY, LLC, a Delaware limited liability company (“PES-NY”) and CLEAN POWER MARKETS, INC., a Pennsylvania corporation (“CPM”) (each of Comverge, Enerwise, Giants, PES, PES-NY and CPM are hereinafter referred to individually as a “Borrower” and collectively as “Borrowers”) provides the terms on which Bank shall lend to Borrowers and Borrowers shall repay Bank. The parties agree as follows:
