ThermoEnergy Corporation Security AgreementSecurity Agreement • September 2nd, 2014 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Security Agreement (this “Agreement”) is dated as of June 23, 2014, and is entered into by and among ThermoEnergy Corporation, a Delaware corporation having its principal place of business in Worcester, Massachusetts (the “Borrower”) and the persons and entities named on Schedule I hereto (collectively, the “Secured Parties) and Empire Capital Partners, LP, one of the Secured Parties, as agent for itself and the other Secured Parties (the “Agent”). Capitalized terms not otherwise defined herein are used as defined in the Massachusetts Uniform Commercial Code on the date of this Agreement (the “UCC”).
12% SECURED PROMISSORY NOTEThermoenergy Corp • September 2nd, 2014 • Hazardous waste management
This Note is one of several substantially identical promissory notes issued by the Borrower pursuant to that certain Loan Agreement dated as of June 23, 2014 by and among the Borrower, the Holder and certain other persons (the “Loan Agreement”) (which promissory notes, including the Note, are referred to herein as the “Series Notes”). So long as this Note is outstanding, the Holder shall be entitled to the benefit of, and subject to the provisions of, the Loan Agreement.
ThermoEnergy Corporation Loan Agreement (as amended through August 18, 2014)Security Agreement • September 2nd, 2014 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Agreement is made by and among ThermoEnergy Corporation, a Delaware corporation (the “Corporation”) and the individuals and entities identified on Schedule I hereto (each, a “Lender”) as of the 23rd day of June 2014.
