Catalytica Energy Systems Inc Sample Contracts

R E C I T A L S
Assignment and Assumption Agreement • August 29th, 2000 • Catalytica Combustion Systems Inc • California
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Between
Indemnification Agreement • January 12th, 2001 • Catalytica Energy Systems Inc • Motors & generators • Delaware
EXHIBIT 10.10 CATALYTICA COMBUSTION SYSTEMS, INC. SERIES B PREFERRED STOCK PURCHASE AGREEMENT TABLE OF CONTENTS
Stock Purchase Agreement • August 29th, 2000 • Catalytica Combustion Systems Inc • Delaware
EXHIBIT 1.1 Catalytica Energy Systems, Inc. Common Stock Underwriting Agreement ----------------------
Underwriting Agreement • July 20th, 2001 • Catalytica Energy Systems Inc • Engines & turbines • New York
WITNESETH: ---------
Consulting Services Agreement • April 1st, 2002 • Catalytica Energy Systems Inc • Engines & turbines
between
Catalytica Energy Systems Inc • August 6th, 2001 • Engines & turbines • California
RECITALS
Tax Sharing Agreement • January 12th, 2001 • Catalytica Energy Systems Inc • Motors & generators • Delaware
ARTICLE 1 DEFINITIONS
Trademark License Agreement • January 12th, 2001 • Catalytica Energy Systems Inc • Motors & generators • Delaware
PROMISSORY NOTE AND AGREEMENT
Promissory Note • August 29th, 2000 • Catalytica Combustion Systems Inc
Recitals
Omnibus Agreement • August 29th, 2000 • Catalytica Combustion Systems Inc • Delaware
and
Preferred Stock Rights Agreement • February 6th, 2002 • Catalytica Energy Systems Inc • Engines & turbines • New York
BETWEEN
Employee Matters Agreement • January 12th, 2001 • Catalytica Energy Systems Inc • Motors & generators • Delaware
CATALYTICA ENERGY SYSTEMS, INC. and MELLON INVESTOR SERVICES LLC AMENDED AND RESTATED PREFERRED STOCK RIGHTS AGREEMENT Dated as of November 22, 2004
Preferred Stock Rights Agreement • November 22nd, 2004 • Catalytica Energy Systems Inc • Engines & turbines • New York

This Amended and Restated Preferred Stock Rights Agreement, dated as of November 22, 2004, amends, restates, supercedes and replaces in its entirety the Preferred Stock Rights Agreement dated as of January 29, 2002, between Catalytica Energy Systems, Inc., a Delaware corporation, and Mellon Investor Services LLC, a New Jersey limited liability company (the “Original Rights Agreement”).

X = $12.00-Y -------- Z
Stock Purchase • March 15th, 2001 • Catalytica Energy Systems Inc • Motors & generators
ARTICLE 1 DEFINITIONS
Master Separation Agreement • November 1st, 2000 • Catalytica Energy Systems Inc • Motors & generators • California
EXHIBIT 10.12 ------------- COLLABORATIVE COMMERCIALIZATION AND LICENSE AGREEMENT
And License Agreement • January 12th, 2001 • Catalytica Energy Systems Inc • Motors & generators • New York
AND
Cross-License Agreement • April 1st, 2002 • Catalytica Energy Systems Inc • Engines & turbines • California
EXHIBIT 10.16 FORM OF INDEMNITY AGREEMENT
Form of Indemnity Agreement • October 16th, 2000 • Catalytica Energy Systems Inc • Motors & generators • Delaware
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PROMISSORY NOTE --------------- and --- AGREEMENT ---------
Catalytica Combustion Systems Inc • August 29th, 2000 • New Jersey

FOR VALUE RECEIVED, Dennis A. Orwig ("Orwig") promise(s) to pay to Catalytica Combustion Systems, Inc. ("CCSI") or order, at 430 Ferguson Drive, Mountain View, California the sum of Three Hundred Thousand and 00/100 dollars ($300,000.00), with interest at a rate of seven percent (7%) per annum from the date(s) CCSI transfers the funds. Principal shall be payable on the earlier of (1) five (5) years from the date of last signature below or (2) when Orwig should sell, convey, or alienate his interest in the property located at 11715 Skyline Boulevard, Los Gates, California 95033-9515 or any part thereof, or shall be divested of his title or any interest therein any manner or way, whether voluntarily or involuntarily; or (3) when Orwig ceases to be an employee of CCSI or its affiliates.

ARTICLE 1 DEFINITIONS
Master Confidential Disclosure Agreement • January 12th, 2001 • Catalytica Energy Systems Inc • Motors & generators • Delaware
R E C I T A L S ---------------
Control Severance Agreement • May 14th, 2002 • Catalytica Energy Systems Inc • Engines & turbines • California
RECITALS
Real Estate Matters Agreement • November 1st, 2000 • Catalytica Energy Systems Inc • Motors & generators
ARTICLE 1 DEFINITIONS
Master Trademark Ownership and License Agreement • November 1st, 2000 • Catalytica Energy Systems Inc • Motors & generators • California
CATALYTICA ENERGY SYSTEMS, INC. RETENTION AGREEMENT
Retention Agreement • November 17th, 2006 • Catalytica Energy Systems Inc • Engines & turbines • Arizona

This Retention Agreement (the “Agreement”) is made and entered into by and between Joseph Barry (the “Employee”) and Catalytica Energy Systems, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below (the “Effective Date”).

FORM OF INDEMNIFICATION AGREEMENT
Form of Indemnification Agreement • February 4th, 2005 • Catalytica Energy Systems Inc • Engines & turbines • Delaware

This Indemnification Agreement (“Agreement”) is made as of , 2005 by and between Catalytica Energy Systems, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).

LEASE EXTENSION AGREEMENT
Lease Extension Agreement • August 14th, 2007 • Catalytica Energy Systems Inc • Engines & turbines

This LEASE EXTENSION AGREEMENT (the “First Extension”) is made this 18th day of June, 2007 and is made a part of that certain Lease dated August 28, 2006, between WARNER COURTYARDS, LLC., an Arizona Limited Liability Company, METZGER WARNER COURTYARDS, LLC., a Delaware Limited Liability Company, PARK 3020, LLC., an Arizona Limited Liability Company, and PARK 3030, LLC., an Arizona Limited Liability Company, (“Landlord”) and CATALYTICA ENERGY SYSTEMS, INC., a Delaware Corporation (“Tenant”) regarding Suite 132 at the Warner Courtyards project, 301 W. Warner Road, Tempe, Arizona.

CATALYTICA ENERGY SYSTEMS, INC. CONSULTING AGREEMENT
Consulting Agreement • March 23rd, 2007 • Catalytica Energy Systems Inc • Engines & turbines • Delaware

This Consulting Agreement (“Agreement”) is entered into effective as of January 1, 2007 by and between Catalytica Energy Systems, Inc. (together with its direct and indirect subsidiaries, including but not limited to SCR-Tech LLC (“SCR-Tech”) and CESI-SCR, Inc., the “Company”) and Richard A. Abdoo (“Consultant”). The Company desires to retain Consultant as an independent contractor to perform consulting services for the Company with respect to SCR-Tech, and Consultant is willing to perform such services, on the terms described below. In consideration of the mutual promises contained herein, the parties agree as follows:

Change of Control Severance Agreement with Robert W. Zack dated August 16, 2002. CATALYTICA ENERGY SYSTEMS, INC. CHANGE OF CONTROL SEVERANCE AGREEMENT
Change of Control Severance Agreement • May 9th, 2003 • Catalytica Energy Systems Inc • Engines & turbines • California

This Change of Control Severance Agreement (the “Agreement”) is made and entered into by and between Robert W. Zack (the “Employee”) and Catalytica Energy Systems, Inc. (the “Company”), effective as of the latest date set forth by the signatures of the parties hereto below.

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