EXHIBIT 10.38 SUBSCRIPTION AGREEMENT This Subscription Agreement (hereinafter the "Agreement") is entered into this 8th day of January, 2004, by and between Raymond J. Skiptunis ("Skiptunis") and Power Efficiency Corporation ("PEC"). WHEREAS,...Subscription Agreement • March 10th, 2004 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledMarch 10th, 2004 Company Industry Jurisdiction
by and among Nicholas Anderson Anthony Caputo Philip Elkus Stephen Shulman Performance Control, LLC Summit Energy Ventures, LLC and Power Efficiency CorporationStockholders' Agreement • June 19th, 2002 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledJune 19th, 2002 Company Industry Jurisdiction
EXHIBIT 10.1 WARRANT AGREEMENT This Warrant Agreement (hereinafter the "Agreement") is entered into this 26th day of February, 2004, by and between Summit Energy Ventures, LLC ("Summit") and Power Efficiency Corporation ("PEC"). WHEREAS, PEC issued a...Warrant Agreement • February 27th, 2004 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledFebruary 27th, 2004 Company Industry Jurisdiction
EXHIBIT 10.4 SETTLEMENT AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 30th day of September, 2003, by and between Nicholas Anderson ("Anderson") and Power Efficiency Corporation ("PEC"). WHEREAS, PEC's former President,...Settlement Agreement • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledNovember 14th, 2003 Company Industry
Line of Credit Agreement Bank One, Michigan (the "Bank"), whose address is 611 Woodward Avenue, Detroit, Michigan 48226-3947, has approved the credit facilities listed below (collectively, the "Credit Facilities," and, individually, as designated...Credit Agreement • April 12th, 2001 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledApril 12th, 2001 Company Industry
WARRANT AGREEMENT THIS WARRANT AGREEMENT (the "Agreement") is entered into as of the ____ day of ________, 2001, by and between BALANCED LIVING, INC., a Colorado corporation (the "Company"), and INTERWEST TRANSFER CO., a securities transfer agency...Warrant Agreement • October 26th, 2001 • Power Efficiency Corp • Electrical industrial apparatus • Utah
Contract Type FiledOctober 26th, 2001 Company Industry Jurisdiction
RECITALSRegistration Rights Agreement • June 19th, 2002 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledJune 19th, 2002 Company Industry Jurisdiction
EXHIBIT 10.2 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT (the "Agreement") is dated October 6, 2003 to be effective as of the 16th day of October, 2003 between POWER EFFICIENCY CORPORATION, a Delaware corporation (the "Corporation"), with principal...Employment Agreement • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledNovember 14th, 2003 Company Industry Jurisdiction
EXHIBIT 10.24 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT (the "Agreement") is dated November 7, 2002 to be effective as of the 12th day of August, 2002 between POWER EFFICIENCY CORPORATION, a Delaware corporation (the "Corporation"), with principal...Employment Agreement • March 31st, 2003 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledMarch 31st, 2003 Company Industry Jurisdiction
SELLERAsset Purchase Agreement • October 20th, 2000 • Power Efficiency Corp • Pennsylvania
Contract Type FiledOctober 20th, 2000 Company Jurisdiction
STOCKHOLDERS' AGREEMENTStockholders' Agreement • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledNovember 14th, 2003 Company Industry
Exhibit 10.2 SECURITY AGREEMENT This SECURITY AGREEMENT, dated as of May 8, 2003 (as amended or supplemented from time to time, this "Agreement"), is made by Power Efficiency Corporation, a Delaware corporation (the "Borrower"), for the benefit of...Security Agreement • May 23rd, 2003 • Power Efficiency Corp • Electrical industrial apparatus • New York
Contract Type FiledMay 23rd, 2003 Company Industry Jurisdiction
Performance Control, LLC andStockholders' Agreement • October 20th, 2000 • Power Efficiency Corp • Delaware
Contract Type FiledOctober 20th, 2000 Company Jurisdiction
SERIES A CONVERTIBLE PREFERRED STOCK PURCHASE AGREEMENTConvertible Preferred Stock Purchase Agreement • June 19th, 2002 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledJune 19th, 2002 Company Industry Jurisdiction
PALI CAPITAL, INC. A MEMBER OF THE EUROPEAN AMERICAN INVESTMENT GROUPPower Efficiency Corp • March 10th, 2004 • Electrical industrial apparatus • New York
Company FiledMarch 10th, 2004 Industry Jurisdiction
EXHIBIT 10.1 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT (the "Agreement") is dated November 13, 2003 to be effective as of the 13th day of November, 2003 between POWER EFFICIENCY CORPORATION, a Delaware corporation (the "Corporation"), with principal...Employment Agreement • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledNovember 14th, 2003 Company Industry Jurisdiction
EXHIBIT 10.35 CONSULTING AGREEMENT This Agreement is effective as of September 22, 2003 by and between Power Efficiency Corporation (the "Company") and Raymond J. Skiptunis (the "Consultant"). The Company and the Consultant agree as follows: 1....Consulting Agreement • March 10th, 2004 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledMarch 10th, 2004 Company Industry
ESCROW AGREEMENT (the "Agreement") made this 4th day of August, 2000 among Power Efficiency Corporation, a Delaware corporation with temporary offices at 4220 Varsity Drive, Suite E, Ann Arbor, MI 48108, (the "Company"), Performance Control, LLC, a...Escrow Agreement • October 20th, 2000 • Power Efficiency Corp • New York
Contract Type FiledOctober 20th, 2000 Company Jurisdiction
EXHIBIT 10.5 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This Settlement Agreement and Mutual General Release (hereinafter the "Settlement Agreement") is entered into this 3rd day of October 2003, by and between and among Stephen L. Shulman...Settlement Agreement and Mutual General Release • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledNovember 14th, 2003 Company Industry
EXHIBIT 10.9 REGULATION S STOCK PURCHASE AGREEMENT Dated April 23, 2003Regulation S Stock Purchase Agreement • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus • Illinois
Contract Type FiledNovember 14th, 2003 Company Industry Jurisdiction
STOCK PURCHASE WARRANTPower Efficiency Corp • August 29th, 2008 • Electrical industrial apparatus
Company FiledAugust 29th, 2008 IndustryTHIS CERTIFIES that, for value received, [________________] (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on [ ], 2012 (the “Termination Date”) but not thereafter, to subscribe for and purchase from POWER EFFICIENCY CORPORATION, a corporation incorporated in the State of Delaware (the “Company”), up to [_________] shares (the “Warrant Shares”) of common stock, $0.001 par value, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be $0.60. The Exercise Price and the number of shares for which the Warrant is exercisable shall be subject to adjustment as provided herein. In the event of any conflict between the terms of this Warrant and the Securities Purchase Agreement dated as of October 25, 2007 pursuant to which th
OFFICE LEASE BETWEEN 3960 HHP LLC (“LANDLORD”) AND NORTHWEST POWER MANAGEMENT, INC. (“TENANT”)Office Lease • August 15th, 2005 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledAugust 15th, 2005 Company IndustryThis Office Lease (this “Lease”) is entered into by and between 3960 HHP LLC, a Delaware limited liability company (“Landlord”), and NORTHWEST POWER MANAGEMENT, INC., a Washington corporation (“Tenant”), and shall be effective as of the date set forth below Landlord’s signature (the “Effective Date”).
LOCK-UP/LEAK-OUT AGREEMENT THIS LOCK-UP/LEAK-OUT AGREEMENT (the "Agreement" is made and entered into as of the ____ day of October, 2001, by and among Wizzard Software Corporation, a Colorado corporation (the "Company"), and David Goldstein...Leak-Out Agreement • October 26th, 2001 • Power Efficiency Corp • Electrical industrial apparatus • Colorado
Contract Type FiledOctober 26th, 2001 Company Industry Jurisdiction
THIS WARRANT AND THE SECURITIES REPRESENTED BY THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") OR APPLICABLE STATE LAW. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD OR OTHERWISE TRANSFERRED EXCEPT...Power Efficiency Corp • October 26th, 2001 • Electrical industrial apparatus • Delaware
Company FiledOctober 26th, 2001 Industry Jurisdiction
ContractPower Efficiency Corp • November 3rd, 2004 • Electrical industrial apparatus
Company FiledNovember 3rd, 2004 IndustryTHIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE SOLD, OFFERED FOR SALE, ASSIGNED, TRANSFERRED OR OTHERWISE DISPOSED OF, UNLESS REGISTERED PURSUANT TO THE PROVISIONS OF THE SECURITIES ACT OR AN OPINION OF COUNSEL IS OBTAINED STATING THAT SUCH DISPOSITION IS IN COMPLIANCE WITH AN AVAILABLE EXEMPTION FROM SUCH REGISTRATION.
STOCK PURCHASE WARRANTPower Efficiency Corp • June 24th, 2010 • Electrical industrial apparatus
Company FiledJune 24th, 2010 IndustryTHIS CERTIFIES that, for value received, [________________] (the “Holder”), is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on [ ], 2015 (the “Termination Date”) but not thereafter, to subscribe for and purchase from POWER EFFICIENCY CORPORATION, a corporation incorporated in the State of Delaware (the “Company”), up to [_________] shares (the “Warrant Shares”) of common stock, $0.001 par value, of the Company (the “Common Stock”). The purchase price of one share of Common Stock (the “Exercise Price”) under this Warrant shall be [$______]. The Exercise Price and the number of shares for which the Warrant is exercisable shall be subject to adjustment as provided herein. In the event of any conflict between the terms of this Warrant and the Securities Purchase Agreement dated as of [month, date], 2010 pursuant to w
EMPLOYMENT AGREEMENTEmployment Agreement • August 16th, 2010 • Power Efficiency Corp • Electrical industrial apparatus • Nevada
Contract Type FiledAugust 16th, 2010 Company Industry JurisdictionEMPLOYMENT AGREEMENT (the "Agreement") dated as of August 13, 2010 between POWER EFFICIENCY CORPORATION, a Delaware corporation (the "Corporation"), with principal executive offices located at 3960 Howard Hughes Parkway, Suite 460, Las Vegas, NV 89169; and Steven Z. Strasser (the "Executive").
BUSINESS PROPERTY LEASE BETWEEN ARENS INVESTMENT COMPANY AS A LANDLORD AND POWER EFFICIENCY CO. AS A TENANTPower Efficiency Corp • March 10th, 2004 • Electrical industrial apparatus • Michigan
Company FiledMarch 10th, 2004 Industry Jurisdiction
ANNUAL PURCHASE AGREEMENT FOR THE PURCHASE OF PERFORMANCE CONTROLLERS ("Purchase Agreement") 1. DATE AND TERM This Purchase Agreement is made December 1, 1998, and shall apply to orders made according to this Purchase Agreement, from December 1, 1998...Annual Purchase Agreement • April 12th, 2001 • Power Efficiency Corp • Electrical industrial apparatus • Illinois
Contract Type FiledApril 12th, 2001 Company Industry Jurisdiction
THIS WARRANT AND THE SECURITIES REPRESENTED BY THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") OR APPLICABLE STATE LAW. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD OR OTHERWISE TRANSFERRED EXCEPT...Power Efficiency Corp • October 26th, 2001 • Electrical industrial apparatus • Delaware
Company FiledOctober 26th, 2001 Industry Jurisdiction
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 2nd, 2012 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledFebruary 2nd, 2012 Company Industry JurisdictionEach undersigned investor set forth on the Schedule of Investors attached as Annex I hereto (each an “Investor” and, collectively, the “Investors”), hereby confirms Investor’s agreement with you as follows:
Void after 5:00 P.M. Las Vegas, Nevada time on the last day of the Exercise Period, as defined in the Warrant COMMON STOCK PURCHASE WARRANT OF POWER EFFICIENCY CORPORATIONPower Efficiency Corp • May 26th, 2006 • Electrical industrial apparatus • Delaware
Company FiledMay 26th, 2006 Industry JurisdictionThis is to certify that, FOR VALUE RECEIVED, (the “Holder”), is entitled to purchase, subject to the provisions of this Warrant, from Power Efficiency Corporation, a Delaware corporation (the “Company”), at Thirty-Two cents ($0.32) per share (the “Warrant Exercise Price”), calculated as provided below, Three Hundred Seventy-Seven Thousand Six Hundred Five (377,605) shares of common stock, par value $0.01 per share (the “Common Stock”). The Warrant Exercise Price is a price equal to the five-day average of the Closing Price of the shares of Common Stock on the OTC Bulletin Board on the last trading day immediately prior to the making of the initial Base Loan pursuant to the Loan Agreement, with a floor on the Warrant Exercise Price of Twenty Cents ($0.20). The shares of Common Stock deliverable upon such exercise, and as adjusted from time to time, have been calculated pursuant to paragraph 3 of the Loan Agreement and are hereinafter sometimes referred to as the “Warrant Shares.”
EXHIBIT 10.10 Addendum (2003-1) to the Reg S Stock Purchase Agreement dated April 23, 2003 This Addendum, dated June 13, 2003, sets forth an amendment of the terms of the Reg S Stock Purchase Agreement (the "Agreement") dated April 23, 2003 between...Reg S Stock Purchase Agreement • November 14th, 2003 • Power Efficiency Corp • Electrical industrial apparatus
Contract Type FiledNovember 14th, 2003 Company IndustryThis Addendum, dated June 13, 2003, sets forth an amendment of the terms of the Reg S Stock Purchase Agreement (the "Agreement") dated April 23, 2003 between Power Efficiency Corp (the "Company"), the address of which is 4220 Varsity Drive, Suite E, Ann Arbor, Michigan 48108 USA and Starz Investments Limited, a Belize corporation (the "Purchaser", and, together with the Company, the "Parties"), the registered address of which is 60 Market Square, PO Box 364, Belize City, Belize.
WITNESSETHSettlement and Release Agreement • June 20th, 2003 • Power Efficiency Corp • Electrical industrial apparatus • New York
Contract Type FiledJune 20th, 2003 Company Industry Jurisdiction
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 24th, 2010 • Power Efficiency Corp • Electrical industrial apparatus • Delaware
Contract Type FiledJune 24th, 2010 Company Industry JurisdictionEach undersigned investor set forth on the Schedule of Investors attached as Annex I hereto (each, an “Investor” and, collectively, the “Investors”), hereby confirms its agreement with you as follows: