SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 2nd, 2011 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • Colorado
This Securities Purchase Agreement (this “Agreement”) is dated as of February 1, 2011, between Evergreen Energy Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 2nd, 2011 • Evergreen Energy Inc • Bituminous coal & lignite surface mining
This Registration Rights Agreement (this “Agreement”) is made and entered into as of February 1, 2011, between Evergreen Energy Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).
Lazard Capital Markets LLC New York, New York 10020Letter Agreement • February 2nd, 2011 • Evergreen Energy Inc • Bituminous coal & lignite surface mining • New York
This letter agreement (the “Agreement”) will confirm our understanding that Lazard Capital Markets LLC (“LCM”) has been engaged to act as lead placement agent to Evergreen Energy Inc. (the “Company”) in connection with a proposed private placement (the “Placement”) to “qualified institutional buyers” as such term is defined in Rule 144A promulgated under the Securities Act of 1933, as amended (the “1933 Act”), and a limited number of institutional “accredited investors” as such term is defined in Regulation D promulgated under the 1933 Act of the Company or any affiliate’s securities, including warrants, options or other rights to purchase such securities (the “Securities”). It is expressly acknowledged that the Company is engaged in individual negotiations with certain holders of the Company’s 8.00% Convertible Secured Notes due 2012 (the “2007 Notes”) regarding the potential settlement of the matters described in the Company’s Form 10-Q for the period ended September 30, 2010 as the
