ARTICLE II REPRESENTATIONS AND WARRANTIES OF IBMSubscription Agreement • September 14th, 2000 • TNPC Inc • Electric & other services combined • Delaware
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 1st, 2002 • Newpower Holdings Inc • Electric & other services combined • Delaware
AGREEMENTAgreement • December 27th, 2002 • Newpower Holdings Inc • Electric & other services combined
The undersigned hereby agree to jointly prepare and file with appropriate regulatory authorities a Schedule 13D pursuant to the Securities Exchange Act of 1934, as amended, and amendments thereto, reporting the ownership by the undersigned of shares of the common stock of Newpower Holdings, Inc., a Delaware corporation, and hereby affirm that such Schedule 13D and amendments thereto are being filed on behalf of the undersigned. Each of the undersigned hereby appoints Riverside Contracting LLC as attorney-in-fact to file said Schedule 13D and any amendments thereto on his behalf.
ARTICLE IStockholders Agreement • July 14th, 2000 • TNPC Inc • Delaware
WITNESSETH:Services Agreement • August 25th, 2000 • TNPC Inc • Electric & other services combined • Delaware
Exhibit (e)(2) SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (this "Agreement"), dated as of February 22, 2002, is by and among NewPower Holdings, Inc., a Delaware corporation ("NewPower"), The New Power Company, a Delaware corporation ("TNPC," and,...Settlement Agreement • March 1st, 2002 • Newpower Holdings Inc • Electric & other services combined • Delaware
ISDA(R)Master Agreement • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined • Texas
ARTICLE II REPRESENTATIONS AND WARRANTIES OF CESSubscription Agreement • August 25th, 2000 • TNPC Inc • Electric & other services combined • Delaware
ARTICLE IStockholders Agreement • September 14th, 2000 • TNPC Inc • Electric & other services combined • Delaware
UNDERWRITING AGREEMENTUnderwriting Agreement • October 2nd, 2000 • TNPC Inc • Electric & other services combined • New York
FIRST AMENDMENT TO MASTER CROSS-PRODUCT NETTING, SETOFF AND SECURITY AGREEMENTSecurity Agreement • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined • New York
BY AND BETWEENSubscription Agreement • September 14th, 2000 • TNPC Inc • Electric & other services combined • Delaware
GUARANTYGuaranty • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined
ARTICLE I CERTAIN DEFINITIONSNoncompetition Agreement • July 14th, 2000 • TNPC Inc • Delaware
WITNESSETH:Master Services Agreement • July 14th, 2000 • TNPC Inc • Delaware
MASTER PURCHASE & SALES AGREEMENT Enron Energy Services, Inc., a Delaware corporation ("EESI"), and EMW Energy Services Corp., a Delaware corporation ("EMW"), referred to individually as a "PARTY" and collectively as the "PARTIES," enter into this...Sales Agreement • July 14th, 2000 • TNPC Inc • Delaware
RECITALSSettlement Agreement and Release • October 10th, 2006 • Newpower Holdings Inc • Electric & other services combined • New York
RECITALSGeneral Security Agreement • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined • New York
TNPC, INC. WARRANT FOR THE PURCHASE OF SHARES OF NON-VOTING COMMON STOCKWarrant • July 14th, 2000 • TNPC Inc • Delaware
TENDER AGREEMENTTender Agreement • March 1st, 2002 • Newpower Holdings Inc • Electric & other services combined • Delaware
CONFIDENTIAL INTERACTIVE MARKETING AGREEMENTConfidential Interactive Marketing Agreement • October 4th, 2000 • TNPC Inc • Electric & other services combined • Delaware
Exhibit (d)(6) MUTUAL TERMINATION AGREEMENT March 28, 2002 Centrica plc Millstream, Maidenhead Road Windsor, Berkshire SL4 5GD, United Kingdom Attention: Grant Dawson Telecopy No.: 44 (1753) 494-602 Windsor Aquisition Corporation c/o Sullivan &...Mutual Termination Agreement • March 29th, 2002 • Newpower Holdings Inc • Electric & other services combined
Re: Termination of the Agreement and Plan of Merger dated as of February 22, 2002 (the "Merger Agreement") among Centrica plc ("Parent"), Windsor Acquisition Corporation ("Purchaser") and NewPower Holdings, Inc. (the "Company")
INFORMATION TECHNOLOGY SERVICES AGREEMENTInformation Technology Services Agreement • October 4th, 2000 • TNPC Inc • Electric & other services combined • New York
SOFTWARE AGREEMENT This Software Agreement (this "Agreement") is effective as of this 6th day of January, 2000, between Enron Energy Services, LLC, a Delaware limited liability company ("EES"), and EMW Energy Services Corp., a Delaware corporation...Software Agreement • July 14th, 2000 • TNPC Inc • Delaware
BY AND AMONGAsset Purchase Agreement • August 25th, 2000 • TNPC Inc • Electric & other services combined • Delaware
CONTRIBUTION AND SUBSCRIPTION AGREEMENT BY AND AMONGContribution and Subscription Agreement • July 14th, 2000 • TNPC Inc • Delaware
RECITALSBusiness Opportunity Agreement • July 14th, 2000 • TNPC Inc • Delaware
RECITALSSettlement Agreement and Mutual Releases • March 9th, 2007 • Newpower Holdings Inc • Electric & other services combined • Georgia
RECITALS:Master Termination Agreement • March 1st, 2002 • Newpower Holdings Inc • Electric & other services combined • Delaware
RECITALSMaster Netting Agreement • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined
RECITALSAnd Security Agreement • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined • New York
RECITALSSettlement Agreement and Mutual Releases • March 9th, 2007 • Newpower Holdings Inc • Electric & other services combined • Georgia
WITNESSETH:Noncompetition and License Agreement • August 25th, 2000 • TNPC Inc • Electric & other services combined • Delaware
MASTER ENERGY PURCHASE & SALE AGREEMENT Enron Energy Services, Inc., a Delaware corporation ("EESI"), and EMW Energy Services Corp., a Delaware corporation ("EMW"), referred to individually as a "PARTY" and collectively as the "PARTIES," enter into...Master Energy Purchase • July 14th, 2000 • TNPC Inc • Delaware
Exhibit 99.10 ENFOLIO(R) MASTER FIRM PURCHASE/SALE AGREEMENT Enron North America Corp. a Delaware corporation ("COMPANY"), and Columbia Energy Services Corporation, a Kentucky corporation ("Customer"), referred to collectively as the "PARTIES," enter...Sale Agreement • October 19th, 2001 • Newpower Holdings Inc • Electric & other services combined • Texas
