AMENDMENT TO SECOND AMENDED AND RESTATED CONVERTIBLE SECURED CREDIT NOTE; and TO THE CREDIT AGREEMENTConvertible Secured Credit Note • November 14th, 2024 • Pineapple Energy Inc. • Telephone & telegraph apparatus
This Amendment is made on November 1, 2024, and is retroactive to July 22, 2024 (“Effective Date”), between Pineapple Energy, Inc. (“Borrower”) and Conduit Capital U.S. Holdings LLC (“Lender”). This Amendment amends the Second Amended and Restated Convertible Secured Credit Note, dated September 23, 2024 between Borrower and Lender (the “Credit Note”) as provided herein, and to the defined term of the Secured Credit Agreement set forth below. Capitalized terms used in this Amendment shall have the meanings ascribed to them in the Credit Note, other than as set forth below.
ContractConvertible Secured Credit Note • September 26th, 2024 • Pineapple Energy Inc. • Telephone & telegraph apparatus • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY STATE SECURITIES LAWS AND MAY NOT BE OFFERED, SOLD, PLEDGED, ASSIGNED, OR OTHERWISE TRANSFERRED UNLESS A REGISTRATION STATEMENT WITH RESPECT THERETO IS EFFECTIVE UNDER THE SECURITIES ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR BORROWER (AS DEFINED BELOW) RECEIVES AN OPINION OF COUNSEL SATISFACTORY TO BORROWER THAT THIS NOTE MAY BE OFFERED, SOLD, PLEDGED, ASSIGNED, OR OTHERWISE TRANSFERRED IN THE MANNER CONTEMPLATED WITHOUT AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR APPLICABLE STATE SECURITIES LAWS.
