SECOND AMENDMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ECOSPHERE ENERGY SERVICES, LLCLimited Liability Company Agreement • December 1st, 2011 • Ecosphere Technologies Inc • Construction, mining & materials handling machinery & equip
This Second Amendment to Amended and Restated Limited Liability Company Agreement of Ecosphere Energy Services, LLC (this “Amendment”) is made and entered into effective as of the 18th day of March, 2011, by and among Ecosphere Energy Services, LLC, a Delaware limited liability company (the “Company”), Ecosphere Technologies, Inc., a Delaware corporation (“ETI”), as the sole holder of the Class A Units, Clean Water Partners, LLC, a Delaware limited liability company (“CWP”), as the sole holder of the Class B Units, Fidelity National Financial, Inc., a Delaware corporation (“Fidelity”), as a holder of Class C Units, and John Kuelbs (“Kuelbs”) as a holder of Class C Units. Capitalized terms not otherwise defined herein shall have the meanings set forth in the LLC Agreement (as defined below).
Confidential Information has been redacted. The Confidential Information that has been redacted has been filed separately with the Commission. EXCLUSIVE PRODUCT PURCHASE AND SUB-LICENSE AGREEMENTExclusive Product Purchase and Sub-License Agreement • December 1st, 2011 • Ecosphere Technologies Inc • Construction, mining & materials handling machinery & equip • Florida
Hydrozonix has been informed that Model EF-60 Ozonix units Nos. ____________ and ____________, having passed the Acceptance Procedures as set forth in that certain Exclusive Product Purchase and Sub-License Agreement dated March ___, 2011, are hereby accepted as purchased and delivered units under and subject to said contract.
