June 26, 2003 Mr. Dennis C. Cossey Chief Executive Officer ThermoEnergy Corporation 1300 Tower building 323 Center Street Little Rock, Arkansas 72201 Dear Dennis: As we discussed, we are pleased to provide you with a proposed Engagement Agreement (the...Thermoenergy Corp • August 19th, 2003 • Hazardous waste management • New York
BETWEENLicense Agreement • March 30th, 2004 • Thermoenergy Corp • Hazardous waste management • Washington
OFOperating Agreement • May 16th, 2001 • Thermoenergy Corp • Hazardous waste management • Delaware
THERMOENERGY CORPORATION AND NATIONAL SECURITIES CORPORATION REPRESENTATIVE'S WARRANT AGREEMENT Dated as of August , 1997 -----------------------Warrant Agreement • August 7th, 1997 • Thermoenergy Corp • Hazardous waste management • Delaware
LICENSE AGREEMENT THIS AGREEMENT made and entered into at Columbus, Ohio, and effective December 30, 1997 (the "Effective Date") by and between ThermoEnergy Corporation having its principal place of business in Little Rock, Arkansas, herein called...License Agreement • May 15th, 1998 • Thermoenergy Corp • Hazardous waste management • Ohio
CITY OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WASTEWATER POLLUTION CONTROL NO COST AGREEMENT TO PROVIDE SERVICES AND TEST EQUIPMENT (Innotek Corporation) AGREEMENT by and between Innotek Corporation, its officers, agents,...Thermoenergy Corp • February 12th, 1997 • Hazardous waste management • New York
RECITALSMarketing Agreement • February 12th, 1997 • Thermoenergy Corp • Hazardous waste management • Arkansas
ANDWarrant Agreement • August 7th, 1997 • Thermoenergy Corp • Hazardous waste management • New York
ContractCommon Stock Purchase • April 5th, 2013 • Thermoenergy Corp • Hazardous waste management • New York
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
ContractCommon Stock Purchase Warrant • January 14th, 2011 • Thermoenergy Corp • Hazardous waste management • Delaware
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
ThermoEnergy Corporation Securities Purchase AgreementSecurities Purchase Agreement • April 28th, 2009 • Thermoenergy Corp • Hazardous waste management • Arkansas
This Securities Purchase Agreement (this “Agreement”) is dated as of April 27, 2009, by and between ThermoEnergy Corporation, a Delaware corporation (the “Company”), and the persons and entities identified on Schedule I hereto (each an “Investor” and, collectively, the “Investors”).
and 1,100,00 Series 2 Redeemable Warrants THERMOENERGY CORPORATION UNDERWRITING AGREEMENTThermoenergy Corp • August 7th, 1997 • Hazardous waste management • New York
ARTICLE I EMPLOYMENTEmployment Agreement • March 29th, 2002 • Thermoenergy Corp • Hazardous waste management
ContractThermoenergy Corp • June 30th, 2009 • Hazardous waste management • Arkansas
THIS NOTE AND THE SHARES OF COMMON STOCK ISSUABLE UPON CONVERSION OF THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NEITHER THIS NOTE NOR SUCH SHARES OF COMMON STOCK MAY BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH SECURITIES ACT AND ANY APPLICABLE STATE SECURITIES LAW OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE ISSUING CORPORATION THAT SUCH REGISTRATION IS NOT REQUIRED.
EMPLOYMENT AGREEMENTEmployment Agreement • January 7th, 2008 • Thermoenergy Corp • Hazardous waste management • Arkansas
KNOW ALL MEN BY THESE PRESENTS, this contract for services is made this 15th Day of June, 2007 by and between the following parties:
ThermoEnergy Corporation Security AgreementSecurity Agreement • September 2nd, 2014 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Security Agreement (this “Agreement”) is dated as of June 23, 2014, and is entered into by and among ThermoEnergy Corporation, a Delaware corporation having its principal place of business in Worcester, Massachusetts (the “Borrower”) and the persons and entities named on Schedule I hereto (collectively, the “Secured Parties) and Empire Capital Partners, LP, one of the Secured Parties, as agent for itself and the other Secured Parties (the “Agent”). Capitalized terms not otherwise defined herein are used as defined in the Massachusetts Uniform Commercial Code on the date of this Agreement (the “UCC”).
PROMISSORY NOTEThermoenergy Corp • March 26th, 2013 • Hazardous waste management
This Note is one of several substantially identical promissory notes issued by the Borrower pursuant to that certain Bridge Loan Agreement dated as of December 2, 2011 by and among the Borrower, the Holder and certain other persons (the “Bridge Loan Agreement”) (which promissory notes are referred to herein as the “Series Notes”). So long as this Note is outstanding the Holder shall be entitled to the benefit of, and subject to the provisions of, the Bridge Loan Agreement.
12% SECURED PROMISSORY NOTEThermoenergy Corp • September 2nd, 2014 • Hazardous waste management
This Note is one of several substantially identical promissory notes issued by the Borrower pursuant to that certain Loan Agreement dated as of June 23, 2014 by and among the Borrower, the Holder and certain other persons (the “Loan Agreement”) (which promissory notes, including the Note, are referred to herein as the “Series Notes”). So long as this Note is outstanding, the Holder shall be entitled to the benefit of, and subject to the provisions of, the Loan Agreement.
ThermoEnergy Corporation Executive Employment AgreementExecutive Employment Agreement • February 2nd, 2010 • Thermoenergy Corp • Hazardous waste management • Massachusetts
AGREEMENT, dated the 27th day of January 2010, by and between ThermoEnergy Corporation, a Delaware corporation (together with all of its subsidiaries, the “Company”) and Cary G. Bullock (the “Executive”).
AGREEMENT FOR THE PURCHASE AND SALE OF SECURITIESAgreement for the Purchase and Sale of Securities • July 10th, 2007 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Agreement for the Purchase and Sale of Securities (hereinafter called the “Agreement”) is made and entered into as of the 2nd day of July 2007 (the “Effective Date”) by and among CASTion Corporation, a Massachusetts corporation (“CASTion”), the holders of shares of the capital stock of CASTion identified on Exhibit A attached hereto and made a part hereof (each a “Seller”), and ThermoEnergy Corporation, a Delaware corporation (the “Buyer”). CASTion, the Sellers and the Buyer are hereinafter collectively called the “Parties.”
ThermoEnergy Corporation Loan Agreement (as amended through August 18, 2014)Security Agreement • September 2nd, 2014 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Agreement is made by and among ThermoEnergy Corporation, a Delaware corporation (the “Corporation”) and the individuals and entities identified on Schedule I hereto (each, a “Lender”) as of the 23rd day of June 2014.
SECOND WARRANT MODIFICATION AGREEMENTSecond Warrant Modification Agreement • January 9th, 2003 • Thermoenergy Corp • Hazardous waste management • Arkansas
This Agreement is made as of December 16, 2002, by and between THERMOENERGY CORPORATION f/k/a Innotek Corporation (the “Corporation”) and Robert S. Trump (“Holder”).
SECOND WARRANT MODIFICATION AGREEMENTSecond Warrant Modification Agreement • January 9th, 2003 • Thermoenergy Corp • Hazardous waste management • Arkansas
This Agreement is made as of December 16, 2002, by and between THERMOENERGY CORPORATION f/k/a Innotek Corporation (the “Corporation”) and Robert S. Trump (“Holder”).
ThermoEnergy Corporation Securities Purchase AgreementSecurities Purchase Agreement • August 9th, 2010 • Thermoenergy Corp • Hazardous waste management • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 9, 2010, by and among ThermoEnergy Corporation, a Delaware corporation (the “Company”), and the investors identified on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).
SECOND WARRANT MODIFICATION AGREEMENTSecond Warrant Modification Agreement • January 9th, 2003 • Thermoenergy Corp • Hazardous waste management • Arkansas
This Agreement is made as of December 16, 2002, by and between THERMOENERGY CORPORATION f/k/a Innotek Corporation (the “Corporation”) and Robert S. Trump (“Holder”).
SECURITY AGREEMENTSecurity Agreement • August 27th, 2009 • Thermoenergy Corp • Hazardous waste management • Arkansas
THIS SECURITY AGREEMENT (this “Agreement”) is dated as of July 31, 2009, and is entered into by and between ThermoEnergy Corporation, a Delaware corporation having its principal place of business in Little Rock, Arkansas (the “Debtor”), and Focus Fund, L.P. (the “Secured Party”). Capitalized terms not otherwise defined herein are used as defined in the Arkansas Uniform Commercial Code on the date of this Agreement.
MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM, effective this 1st day of October, 1996 is entered into by and among Mitsui & Co. (U.S.A.), Inc., having its principal place of business at 200 Park Avenue, New York, NY 10166 ("MITSUI"), Foster Wheeler...Thermoenergy Corp • February 12th, 1997 • Hazardous waste management
TECHNOLOGY COOPERATIVE AGREEMENTTechnology Cooperative Agreement • April 17th, 2006 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Technology Cooperative Agreement (this “Agreement”) is made effective as of March 24, 2006 (the “Effective Date”) by and between CASTion Corporation, a corporation organized and existing under the laws of Commonwealth of Massachusetts, having a principal address at 10 New Bond Street, Worcester, Massachusetts 01606 USA (“CASTion”) and ThermoEnergy Corporation, a corporation organized and existing under the laws of the State of Arkansas, having a principal address at 124 W. Capital Avenue, Suite 880, Little Rock, AR 72201 (“ThermoEnergy”).
Bridge Loan AgreementBridge Loan Agreement • March 26th, 2013 • Thermoenergy Corp • Hazardous waste management • Massachusetts
This Agreement is made by and among ThermoEnergy Corporation, a Delaware corporation (the “Corporation”) and the individual and entities identified on Schedule I hereto (each, an “Investor”) this 2nd day of December 2011.
Witnesseth:Worldwide Marketing Agreement • February 12th, 1997 • Thermoenergy Corp • Hazardous waste management • Arkansas
ThermoEnergy Corporation Standstill AgreementStandstill Agreement • March 4th, 2014 • Thermoenergy Corp • Hazardous waste management • Massachusetts
Agreement dated as of February 28, 2014 by and among ThermoEnergy Corporation, a Delaware corporation (the “Company”), The Roenigk Family Trust dated November 10, 2004 (“Roenigk”), Robert S. Trump (“Trump”) and Empire Capital Partners, LP, Empire Capital Partners, Ltd., and Empire Capital Partners Enhanced Master Fund Ltd. (collectively, “Empire”). Roenigk, Trump and Empire are collectively referred to herein as the “Creditors”).
Note Amendment and Forbearance AgreementNote Amendment and Forbearance Agreement • January 14th, 2011 • Thermoenergy Corp • Hazardous waste management • Massachusetts
Agreement dated as of the 4th day of January 2011 (this “Agreement”) by and between ThermoEnergy Corporation, a Delaware corporation (“ThermoEnergy”) and _________________.
CONVERTIBLE PROMISSORY NOTE DUE MAY 31, 2010Thermoenergy Corp • July 10th, 2007 • Hazardous waste management • Delaware
This Note is one of a series of Notes issued to former stockholders of CASTion Corporation, a Massachusetts corporation (“CASTion”), pursuant to the terms of an Agreement for the Purchase and Sale of Securities dated as of July 2, 2007 (the “Purchase Agreement”) among the Borrower, CASTion and certain former security holders of CASTion, pursuant to which CASTion became a majority-owned subsidiary of the Borrower, and is subject to the provisions of, and entitled to the benefits of, the Purchase Agreement. The Borrower’s obligations under this Note and the other Notes in such series are secured by the grant to the Holder and the holders of the other such Notes of a security interest in all of the issued and outstanding CASTion equity securities held by the Borrower, pursuant to a Stock Pledge Agreement among the Borrower, the Holder, the holders of the other Notes and Spencer Trask Specialty Group, LLC, as agent for the Holder and the holders of such other Notes (the “Pledge Agreement”)
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 2nd, 2009 • Thermoenergy Corp • Hazardous waste management
This Agreement of Amendment is entered into as of the 25th day of February 2009 by and between Alexander G. Fassbender (the “Executive”) and ThermoEnergy Corporation, a Delaware corporation (the “Company”).
DETAILED LICENSE CONTRACTDetailed License Contract • June 26th, 2012 • Thermoenergy Corp • Hazardous waste management
ThermoEnergy Corporation, a Delaware corporation, having its principal office at 10 New Bond Street, Worcester, MA, USA, represented by Mr. Cary Bullock (together with TEPS, hereafter "Thermo");
