0001372664-11-000026 Sample Contracts

Loan and Security Agreement
Loan and Security Agreement • March 9th, 2011 • Comverge, Inc. • Auto controls for regulating residential & comml environments • California

THIS LOAN AND SECURITY AGREEMENT (“Agreement”) is entered into on the above date between PARTNERS FOR GROWTH III, L.P. (“PFG”), whose address is 180 Pacific Avenue, San Francisco, CA 94111 and the borrowers named above (except as otherwise referenced in this Agreement, individually and collectively, jointly and severally, “Borrower”), whose chief executive offices are located at the above address (“Borrower Address”). The Schedule to this Agreement (the “Schedule”) being signed by the parties concurrently, is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 7 below.)

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Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
Demand Side Management Agreement • March 9th, 2011 • Comverge, Inc. • Auto controls for regulating residential & comml environments

Reference is made to the Demand Side Management Agreement, dated as of February 6, 2008,as amended (the "Agreement"), between Consolidated Edison Company of New York, Inc. ("Con Edison") and Public Energy Solutions. LLC ("Contractor"). Capitalized terms used herein without definition shall have the respective meanings ascribed to them in the Agreement.

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