Second Amendment to Amendment to Debentures and Warrants, Agreement and Waiver Sample Contracts

SECOND AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVER

Second Amendment to Amendment to Debentures and Warrants, Agreement and Waiver • July 6th, 2009 • Ecotality, Inc. • Motors & generators

• Contract Type
  Second Amendment to Amendment to Debentures and Warrants, Agreement and Waiver
• Filed
  July 6th, 2009
• Company
  Ecotality, Inc.
• Industry
  Motors & generators

THIS SECOND AMENDMENT TO AMENDMENT TO DEBENTURES AND WARRANTS, AGREEMENT AND WAIVER (this “Agreement”) is entered into on July 2, 2009 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”), 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”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in the May 2009 Amendment (as defined below).