WAIVER AGREEMENT AND AMENDMENT NO. 1Waiver Agreement and Amendment No. 1 • November 12th, 2008 • MxEnergy Holdings Inc • Natural gas distribution • New York
This Waiver Agreement and Amendment No. 1 dated as of November 7, 2008 (this “Waiver”) is executed in connection with the Second Amended and Restated Credit Agreement dated as of September 30, 2008 (the “Credit Agreement”) among MxEnergy Inc., a Delaware corporation (“MxEnergy”), and MxEnergy Electric Inc., a Delaware corporation (“MxEnergy Electric”; MxEnergy and MxEnergy Electric each a “Borrower” and collectively, the “Borrowers”), MxEnergy Holdings Inc. and certain Subsidiaries thereof, the lenders party thereto and Société Générale, as the Administrative Agent. Unless otherwise defined in this Waiver, each capitalized term used in this Waiver has the meaning given to such term in the Credit Agreement.
