AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • February 25th, 2009 • Cryoport, Inc. • Plastics foam products
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on February 19, 2009, and is effective as of January 27, 2009 (the “Agreement Effective Date”) by and among Cryoport, Inc., a Nevada corporation (the “Company”) and the Company’s subsidiary Cryoport Systems, Inc., a California corporation on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as a “Holder” and collectively as the “Holders” or the “Investors”), on the other hand. Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in each of the Securities Purchase Agreements (each as defined below) or in each of the Debentures (each as defined below).
AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • March 10th, 2009 • Ecotality, Inc. • Motors & generators
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on March 5, 2009 by and among Ecotality, Inc., a Nevada corporation (the “Company”) and the Company’s subsidiaries Ecotality Stores, Inc., a Nevada corporation, Electric Transportation Engineering Corporation, an Arizona corporation (“ETEC”), The Clarity Group, Inc., an Arizona corporation, and Portable Energy De Mexico, S.A. d C.V., a Mexican corporation (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as a “Holder” and collectively as the “Holders” or the “Investors”), on the other hand. Capitalized terms not defined in this Agreement shall have the meanings ascribed to
THIRD AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • June 10th, 2010 • Ecotality, Inc. • Motors & generators
THIS THIRD AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVER (this “Agreement”) is entered into as of October 31, 2009 (the “Effective Date”) by and among Ecotality, Inc., a Nevada corporation (the “Company”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), Shenzhen Goch Investments Ltd. (“SGI”) and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds and SGI, each individually referred to as an “Existing Holder” and collectively as the “Existing Holders” or the “Existing Investors”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in the May 2009 Amendment (as defined below).
AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • January 15th, 2010 • Cryoport, Inc. • Plastics foam products
THIS AGREEMENT AND WAIVER (this “Amendment”) is entered into on January 12, 2010 (the “Effective Date”) by and among Cryoport, Inc., a Nevada corporation (the “Company”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as a “Holder” and collectively as the “Holders” or the “Investors”), on the other hand. Capitalized terms not defined in this Amendment shall have the meanings ascribed to such terms in each of the Securities Purchase Agreements (each as defined in documents referred to in the recitals incorporated by reference below) and, in each of the Debentures (each as defined in documents referred to in the recitals incorporated by reference below).
AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • September 23rd, 2009 • Cryoport, Inc. • Plastics foam products
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on September 1, 2009 (the “Effective Date”) by and among Cryoport, Inc., a Nevada corporation (the “Company”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as a “Holder” and collectively as the “Holders” or the “Investors”), on the other hand. Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in each of the Securities Purchase Agreements (each as defined in documents referred to in the recitals incorporated by reference below), in each of the Debentures (each as defined in documents referred to in the recitals incorporated by reference below).
AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • May 18th, 2009 • Ecotality, Inc. • Motors & generators
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on May 15, 2009 by and among Ecotality, Inc., a Nevada corporation (the “Company”) and the Company’s subsidiaries Ecotality Stores, Inc., a Nevada corporation, Electric Transportation Engineering Corporation, an Arizona corporation (“ETEC”), The Clarity Group, Inc., an Arizona corporation, and Portable Energy De Mexico, S.A. d C.V., a Mexican corporation, and GHV Refrigeration Inc., a California corporation, (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as an “Existing Holder” and collectively as the “Existing Holders” or the “Existing Investors”), on the other hand and
FIRST AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • July 6th, 2009 • Ecotality, Inc. • Motors & generators
THIS FIRST AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVER (this “Agreement”) is entered into on June ____, 2009 by and among Ecotality, Inc., a Nevada corporation (the “Company”) and the Company’s subsidiaries Ecotality Stores, Inc., a Nevada corporation, Electric Transportation Engineering Corporation, an Arizona corporation (“ETEC”), The Clarity Group, Inc., an Arizona corporation, and Portable Energy De Mexico, S.A. d C.V., a Mexican corporation, and GHV Refrigeration Inc., a California corporation, (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds, each individually referred to as an “Existing Holder” and collectively as the “Existing
THIRD AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • November 4th, 2009 • Ecotality, Inc. • Motors & generators
THIS THIRD AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVER (this “Agreement”) is entered into as of October 31, 2009 (the “Effective Date”) by and among Ecotality, Inc., a Nevada corporation (the “Company”), on the one hand, and Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), Shenzhen Goch Investments Ltd. (“SGI”) and BridgePointe Master Fund Ltd. (“BridgePointe,” together with the Enable Funds and SGI, each individually referred to as an “Existing Holder” and collectively as the “Existing Holders” or the “Existing Investors”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in the May 2009 Amendment (as defined below).
AMENDEMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVERAmendment to Debentures and Warrants, Agreement and Waiver • September 4th, 2008 • Ecotality, Inc. • Motors & generators
THIS AGREEMENT AND WAIVER (this “Agreement”) is entered into on August 29, 2008, and is effective as of May 1, 2008 (the “Agreement Effective Date”) by and among Enable Growth Partners LP (“EGP”), Enable Opportunity Partners LP (“EOP”), Pierce Diversified Strategy Master Fund LLC, Ena (“Pierce”, together with EGP, EOP and Pierce, the “Enable Funds”), and BridgePointe Master Fund Ltd. (“BridgePointe”) and Ecotality, Inc., a Nevada corporation (the “Company”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in each of the Purchase Agreements (each as defined below) or in each of the Debentures (each as defined below).
