0000950123-09-062411 Sample Contracts

FORBEARANCE AGREEMENT
Forbearance Agreement • November 13th, 2009 • Energy Focus, Inc/De • Electric lighting & wiring equipment

This Forbearance Agreement (this “Agreement”) is entered into as of August 25 , 2009, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”), and ENERGY FOCUS, INC., a Delaware corporation, formerly known as Fiberstars, Inc., a Delaware corporation, with offices located at 32000 Aurora Road, Solon, Ohio 44139.

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SIXTH LOAN MODIFICATION AND FORBEARANCE AGREEMENT
Sixth Loan Modification and Forbearance Agreement • November 13th, 2009 • Energy Focus, Inc/De • Electric lighting & wiring equipment

This Sixth Loan Modification and Forbearance Agreement (this “Loan Modification Agreement”) is entered into as of October 5, 2009 the Sixth Loan Modification Effective Date, by and between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”), and ENERGY FOCUS, INC., a Delaware corporation, formerly known as Fiberstars, Inc., a Delaware corporation, with offices located at 32000 Aurora Road, Solon, Ohio 44139.

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