ContractCommon Stock Purchase • March 3rd, 2011 • Thermoenergy Corp • Hazardous waste management • Delaware
THIS COMMON STOCK PURCHASE WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE TRANSFERRED IN VIOLATION OF SUCH ACT, THE RULES AND REGULATIONS THEREUNDER OR THE PROVISIONS OF THIS COMMON STOCK PURCHASE WARRANT.
Note Extension and Amendment AgreementNote Extension and Amendment Agreement • March 3rd, 2011 • Thermoenergy Corp • Hazardous waste management • Delaware
Agreement dated as of the 25th day of February 2011 (this “Agreement”) by and among ThermoEnergy Corporation, a Delaware corporation (“ThermoEnergy”) and the individual and entities named on Schedule I hereto (collectively, the “Lenders”).
SECURED CONVERTIBLE PROMISSORY NOTEThermoenergy Corp • March 3rd, 2011 • Hazardous waste management
This Note is one of several substantially identical promissory notes issued by the Borrower pursuant to that certain Bridge Loan Agreement dated as of March 1, 2010 by and among the Borrower, the Holder and certain other persons (as amended by Amendment No. 1 thereto dated as of June 25, 2010, the “Bridge Loan Agreement”) and amended and restated pursuant to that certain Note Extension and Amendment Agreement dated as of February 25, 2011 by and among the Borrower, the Holder and the other parties to the Bridge Loan Agreement (the “Extension Agreement”) (which promissory notes are referred to herein as the “Series Notes”). So long as this Note is outstanding the Holder shall be entitled to the benefit of, and subject to the provisions of, the Bridge Loan Agreement and the Extension Agreement.
