DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT BETWEEN PUBLIC SERVICE COMPANY OF NEW MEXICO AND COMVERGE, INC. DATED JANUARY 31, 2007Delivery Agreement • April 5th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • New Mexico
This DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT (“Agreement”), dated as of January 31, 2007, is entered into by and between Public Service Company of New Mexico, a New Mexico corporation, with principal offices at Alvarado Square, Albuquerque, NM 87158 (“PNM”) and Comverge, Inc., a Delaware corporation, located at 120 Eagle Rock Avenue, Suite 190, East Hanover, NJ 07936 (“Comverge”). PNM and Comverge are sometimes hereinafter referred to as the “Parties” or individually as a “Party.”
AMENDED AND RESTATED WARRANTWarrant • April 5th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • California
THIS AMENDED AND RESTATED WARRANT (THIS “WARRANT”) IS ISSUED PURSUANT TO THE TERMS OF THE PROVISIONS OF A WARRANT PURCHASE AGREEMENT (THE “AGREEMENT”) BETWEEN COMVERGE, INC. (THE “COMPANY”) AND THE INITIAL WARRANT HOLDER. A COPY OF THE AGREEMENT IS ON FILE AT THE OFFICE OF THE CORPORATE SECRETARY OF THE COMPANY. THIS SECURITY WAS SOLD IN A PRIVATE PLACEMENT, WITHOUT REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY BE OFFERED OR SOLD ONLY IF REGISTERED UNDER THE SECURITIES ACT OR IF AN EXEMPTION FROM REGISTRATION IS AVAILABLE.
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • April 5th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Delaware
This Loan Modification Agreement (“Modification”) is entered into as of April 4, 2007, by and between Partners for Growth, L.P., a Delaware limited partnership with its principal place of business at 180 Pacific Avenue, San Francisco, California 94111 (“PFG”) and each of Comverge, Inc. and Comverge 6D, Inc., each a Delaware corporation with their principal places of business at 3950 Shackleford Road, Duluth, GA 30096 (individually and collectively “Borrower”).
