BUSINESS DEVELOPMENT AGREEMENTBusiness Development Agreement • March 19th, 2007 • ZBB Energy Corp • Electric services • Wisconsin
THIS BUSINESS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into as of the of 2006, to be effective as of the “Effective Date” hereinafter defined, by and between ZBB ENERGY CORPORATION, a corporation organized under the laws of the State of Wisconsin (hereinafter referred to as the “Company”), whose address is N93 W14475 Whittaker Way, Menomonee Falls, Wisconsin 53051; and 41 BROADWAY ASSOCIATES LLC, a Delaware limited liability company (hereinafter referred to as the “Consultant”), having an address c/o Wharton Equity Partners, LLC, 520 Madison Avenue, New York, New York 10022. The Company, the Consultant and its Members who have executed this Agreement on the signature page hereof are sometimes collectively referred to herein as the “Parties.”
ZBB Energy CorporationZBB Energy Corp • March 19th, 2007 • Electric services
Re: Convertible Debenture (the “Debenture”) dated February 28, 2006 between ZBB Energy (the “Company”) and Montgomery Capital Partners Ltd. (the “Investor”)ZBB Energy Corp • March 19th, 2007 • Electric services
Reference is hereby made to the letter agreement dated as of October 5, 2006, in regards to the Company’s request for a moratorium on conversions related to the Convertible Debenture dated February 28, 2006. The Investor hereby confirms that since October 5, 2006 it has not converted any portion of the Convertible Debenture. In addition, the Investor and the Company hereby amends, restates and revises said agreement as follows:
