SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 12th, 2010 • Comverge, Inc. • Auto controls for regulating residential & comml environments
This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into this 5th day of February, 2010, 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, LLC, a Delaware limited liability company (“Giants”), PUBLIC ENERGY SOLUTIONS, LLC, a New Jersey limited liability company (“PES”), PUBLIC ENERGY SOLUTIONS NY, LLC, a Delaware limited liability company (“PES-NY”), CLEAN POWER MARKETS, INC., a Pennsylvania corporation (“CPM”) and ALTERNATIVE ENERGY RESOURCES, INC. a Delaware corporation (“AER”) (each of Comverge, Enerwise, Giants, PES, PES-NY, CPM and AER are hereinafter referred to individually as a “Borrower” and collectively as “Borrowers”). As used herein, “Original Borrowers” means Comverge, Enerwise, Giants, PES, PES-NY and CPM.
