COMMON STOCKEvergreen Solar Inc • May 24th, 2007 • Semiconductors & related devices • New York
AS TENANTLease Agreement • August 4th, 2000 • Evergreen Solar Inc
EXHIBIT 10.4 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of June 21, 2004, is by and between Evergreen Solar, Inc., a Delaware corporation (the "Company"), and each of the entities whose names appear...Registration Rights Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
Execution Version STOCKHOLDERS AGREEMENT EVERGREEN SOLAR, INC.Stockholders Agreement • April 17th, 2007 • Evergreen Solar Inc • Semiconductors & related devices • New York
WITNESSETHWarrant Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
Exhibit 10.1 EVERGREEN SOLAR, INC. INDEMNIFICATION AGREEMENT This Indemnification Agreement (the "Agreement") is made as of May 15, 2003, by and between Evergreen Solar, Inc., a Delaware corporation (the "Company"), and Tim Woodward (the...Indemnification Agreement • August 12th, 2003 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
ARTICLE I DEFINITIONSRegistration Rights Agreement • March 24th, 2003 • Evergreen Solar Inc • Semiconductors & related devices • New York
Execution Version STOCK PURCHASE AGREEMENT by and between EVERGREEN SOLAR, INC.Stock Purchase Agreement • April 17th, 2007 • Evergreen Solar Inc • Semiconductors & related devices • New York
June 23, 2005 SG COWEN & CO., LLC As Representative of the several Initial Purchasers c/o SG Cowen & Co., LLC 1221 Avenue of the Americas New York, New York 10020 Dear Sirs: 1. INTRODUCTORY. Evergreen Solar, Inc., a Delaware corporation (the...Evergreen Solar Inc • August 11th, 2005 • Semiconductors & related devices • New York
RECITALSSupply Agreement • March 16th, 2006 • Evergreen Solar Inc • Semiconductors & related devices
EXHIBIT 10.2 VOTING AGREEMENTVoting Agreement • March 24th, 2003 • Evergreen Solar Inc • Semiconductors & related devices • New York
Exhibit 4.1 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION...Evergreen Solar Inc • November 12th, 2004 • Semiconductors & related devices • Massachusetts
June 29, 2005 SG COWEN & CO., LLC As Representative of the several Initial Purchasers c/o SG Cowen & Co., LLC 1221 Avenue of the Americas New York, New York 10020 Dear Ladies and Gentlemen: Evergreen Solar, Inc., a Delaware corporation (the...Registration Rights Agreement • June 29th, 2005 • Evergreen Solar Inc • Semiconductors & related devices • New York
AS TENANTLease Agreement • October 3rd, 2000 • Evergreen Solar Inc • Semiconductors & related devices
Exhibit 10.7 211 Second Avenue, Waltham, MA 02154 USA TL: 781.890.7117 FX: 781.890.7141 MARK A. FARBER President February 26, 1999 Dr. Emanuel Sachs [CONFIDENTIAL TREATMENT REQUESTED]/*/ [CONFIDENTIAL TREATMENT REQUESTED]/*/ Dear Ely: Please...Evergreen Solar Inc • August 4th, 2000
Article 1 Conversion, Consent, Voting Agreement; Grant of Proxy;Lock-Up Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
LICENSE &Transfer Agreement • January 21st, 2005 • Evergreen Solar Inc • Semiconductors & related devices
RECITALSRegistration Rights Agreement • November 12th, 2004 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
Exhibit 10.7 211 Second Avenue, Waltham, MA 02154 USA TL: 781.890.7117 FX: 781.890.7141 MARK A. FARBER President February 26, 1999 Dr. Emanuel Sachs 18 Moreland Avenue Newton, MA 02459 Dear Ely: Please acknowledge the following changes to our License...Stock Restriction Agreement • October 31st, 2000 • Evergreen Solar Inc • Semiconductors & related devices
WITNESSETH:Stock and Warrant Purchase Agreement • June 22nd, 2004 • Evergreen Solar Inc • Semiconductors & related devices • New York
2 3 of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Prospectus, as amended and supplemented, as of its date and at...Evergreen Solar Inc • October 3rd, 2000 • Semiconductors & related devices • New York
LICENSE &Technology Transfer Agreement • November 7th, 2006 • Evergreen Solar Inc • Semiconductors & related devices
FORM OF]Indemnification Agreement • October 3rd, 2000 • Evergreen Solar Inc • Semiconductors & related devices • Delaware
16,000,000 Shares Evergreen Solar, Inc. Common Stock ($0.01 Par Value) EQUITY UNDERWRITING AGREEMENTEquity Underwriting Agreement • February 14th, 2008 • Evergreen Solar Inc • Semiconductors & related devices • New York
Deutsche Bank Securities Inc. As Representative of the Several Underwriters c/o Deutsche Bank Securities Inc. 60 Wall Street, 4th Floor New York, New York 10005
1 Exhibit 10.8 SERIES D PREFERRED STOCK PURCHASE AGREEMENT ------------------------------------------- This Agreement dated as of December 28, 1999 is entered into by and among Evergreen Solar, Inc., a Delaware corporation (the "COMPANY"), the...Series D Preferred Stock Purchase Agreement • August 4th, 2000 • Evergreen Solar Inc • Delaware
FORM OF WARRANTEvergreen Solar Inc • June 22nd, 2004 • Semiconductors & related devices
THIS IS TO CERTIFY that [______________] and its transferees, successors and assigns (the "Holder"), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, is entitled to purchase from EVERGREEN SOLAR, INC., a Delaware corporation (the "Company"), at a price per share equal to the Exercise Price, [______] fully paid and nonassessable shares of the common stock, par value $0.01 per share, of the Company (the "Common Stock"), subject to the terms and conditions of the Warrant Agreement, as amended, supplemented or modified from time to time (the "Warrant Agreement"), dated as of the date hereof, between the Company and the other parties thereto. The Exercise Price and the number of shares of Common Stock subject to this Warrant are subject to adjustment and readjustment from time to time as set forth in Section 7 of the Warrant Agreement. Capitalized terms used herein shall have the meanings ascribed to such terms in the Warrant Agreement.
EXHIBIT 3Agreement • May 27th, 2003 • Evergreen Solar Inc • Semiconductors & related devices
Pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, the undersigned hereby agree that only one statement containing the information required by Schedule 13D need be filed with respect to the ownership by each of the undersigned of shares of stock of Evergreen Solar, Inc.
EVERGREEN SOLAR, INC. AMENDED AND RESTATED CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • March 2nd, 2009 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
This Change of Control Severance Agreement (the “Agreement”) is made and entered into by and between Richard M. Feldt (“Executive”) and Evergreen Solar, Inc. (the “Company”), effective as of June 14, 2007 (the “Effective Date”).
EXHIBIT 2 VOTING AGREEMENTExhibit 2 Voting Agreement • March 31st, 2003 • Evergreen Solar Inc • Semiconductors & related devices • New York
37,000,000 Shares Evergreen Solar, Inc. Common Stock ($0.01 Par Value) EQUITY UNDERWRITING AGREEMENTEvergreen Solar Inc • May 22nd, 2009 • Semiconductors & related devices • New York
Evergreen Solar, Inc., a Delaware corporation (the “Company”), proposes to sell to you, Piper Jaffray & Co. (the “Underwriter”), an aggregate of 37,000,000 shares (the “Firm Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”). The Company also proposes to sell at the Underwriter’s option an aggregate of up to 5,550,000 additional shares of the Company’s Common Stock (the “Option Shares”) as set forth below. The Firm Shares and the Option Shares (to the extent the aforementioned option is exercised) are herein collectively called the “Shares.”
AGREEMENTTechnology Cooperation Agreement • March 16th, 2006 • Evergreen Solar Inc • Semiconductors & related devices
EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of [•], 2011 7.5% Convertible Senior Notes due 2017Indenture • December 30th, 2010 • Evergreen Solar Inc • Semiconductors & related devices • New York
INDENTURE, dated as of [•], 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of February 17, 2011 TO INDENTURE Dated as of February 17, 2011 4% Convertible Subordinated Additional Cash Notes due 2020First Supplemental Indenture • February 17th, 2011 • Evergreen Solar Inc • Semiconductors & related devices • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of February 17, 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
BETWEENDistribution and Marketing Agreement • October 25th, 2000 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
L E A S ERenewal Agreement • August 4th, 2000 • Evergreen Solar Inc
