THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVERLoan and Security Agreement and Waiver • March 19th, 2007 • Commerce Energy Group, Inc. • Electric services • California
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT AND WAIVER (this “Amendment”), dated March 15, 2007, is entered into among COMMERCE ENERGY, INC., a California corporation (“Borrower”), COMMERCE ENERGY GROUP, INC., a Delaware corporation (“Parent”), WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, as Agent and Lender (“Agent”), and THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation, as co-Lender (“Co-Lender”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • March 19th, 2007 • Commerce Energy Group, Inc. • Electric services
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”), dated as of November 30, 2006, to the Employment Agreement (the “Agreement”), dated as of December 1, 2005 by and between COMMERCE ENERGY GROUP, INC., a Delaware corporation, on behalf of itself and any and all of its subsidiaries (together, the “Company”), and LAWRENCE CLAYTON, JR. (“Executive”).
APX SETTLEMENT AND RELEASE OF CLAIMS AGREEMENTSettlement and Release of Claims Agreement • March 19th, 2007 • Commerce Energy Group, Inc. • Electric services • California
APX Inc. Allegheny Energy Supply Company, LLC American Electric Power Service Corp. Aquila Merchant Services, Inc. Avista Energy, Inc. BP Energy Company Calpine Energy Services, L.P. Commonwealth Energy Corporation (n/k/a Commerce Energy, Inc.) Constellation NewEnergy, Inc. El Paso Marketing, LP (f/k/a El Paso Merchant Energy, LP) Enron Energy Services, Inc. Enron Power Marketing, Inc. Sacramento Municipal Utility District Salt River Project Agricultural Improvement and Power District Merrill Lynch Capital Services, Inc. Morgan Stanley Capital Group Inc. Tractebel Energy Marketing, Inc. (n/k/a Suez Energy Marketing NA, Inc.) TransAlta Energy Marketing (US) Inc. Sempra Energy Solutions LLC UC Davis Medical Center (The Regents of the University of California) Sierra Pacific Industries
