ThermoEnergy
Corporation
Amendment No. 1
to
Bridge Loan
Agreement
Reference is
made to that certain Bridge Loan Agreement (the “
Agreement ” ) effective as of March 1, 2010 by and
among ThermoEnergy Corporation, a Delaware corporation having its
principal place of business in Little Rock, Arkansas (the
“Borrower”) and the individual and entities named on
Schedule I hereto (collectively, the
“Lenders”).
WHEREAS, pursuant to the Agreement, the Lenders
agreed to make loans to the Borrower in the aggregate principal
amount of $2,700,000 (the “Original Loans”);
and
WHEREAS, Section 4.1 of the Agreement provides,
in pertinent part, that from time to time on or before the
“Third Tranche Closing Date” (as such term is defined
in the Agreement), the Agreement may be amended by the Borrower,
with the consent of Lenders holding at least 66⅔% of the
principal amount of the then outstanding Notes (as such term is
defined in the Agreement), to permit any Lender to increase the
amount of his or its Commitment (as such term is defined in the
Agreement); provided, however, that the aggregate amount of such
additional Commitments may not exceed $2,000,000; and
WHEREAS, the Third Tranche Closing Date has not
yet occurred; and
WHEREAS, the Borrower desires to borrow from
certain of the Lenders, and such Lenders are willing to lend to the
Borrower, an additional $2,000,000 (the “New Loans”) on
substantially the same terms and conditions as governed the
Original Loans;
NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants
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