COMVERGE, INC. Contracts & Agreements

AGREEMENT AND PLAN OF MERGER BY AND AMONG PEAK HOLDING CORP. PEAK MERGER CORP. AND COMVERGE, INC. Dated as of March 26, 2012 (Filed With SEC on March 26, 2012)

EXECUTION VERSION NOTE PURCHASE AND SECURITY AGREEMENT by and among COMVERGE, INC., ENERWISE GLOBAL TECHNOLOGIES, INC., COMVERGE GIANTS, LLC, PUBLIC ENERGY SOLUTIONS, LLC, PUBLIC... (Filed With SEC on March 26, 2012)

FORBEARANCE AND SIXTH AMENDMENT AGREEMENT (Filed With SEC on March 26, 2012)

FORBEARANCE AGREEMENT (Filed With SEC on March 26, 2012)

SETTLEMENT AND STANDSTILL AGREEMENT (Filed With SEC on March 2, 2012)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on December 1, 2011)

COMMON STOCK PURCHASE AGREEMENT (Filed With SEC on December 1, 2011)

FIRST AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (Filed With SEC on November 9, 2011)

[***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with... (Filed With SEC on August 9, 2011)

MODIFICATION NO. 1 TO LOAN AND SECURITY AGREEMENT (Filed With SEC on May 5, 2011)

COMVERGE, INC. AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (Filed With SEC on May 5, 2011)

*** Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission.A complete copy of this agreement has been... (Filed With SEC on March 9, 2011)

[Letterhead of Consolidated Edison Company of New York, Inc.] (Filed With SEC on March 9, 2011)

Loan and Security Agreement (Filed With SEC on March 9, 2011)

PROFESSIONAL SERVICES AGREEMENT FOR TXU ENERGYS 2009 iTHERMOSTAT PROGRAM AN INTERNET AND AMI BASED LOAD MANAGEMENT SYSTEM WITH ZIGBEE HOME AREA NETWORK BY AND BETWEEN COMVERGE... (Filed With SEC on November 8, 2010)

AMENDMENT NO. #01 EFFECTIVE AUGUST 18, 2009 TO PROFESSIONAL SERVICES AGREEMENT FOR TXU ENERGY'S 2009 iTHERMOSTAT PROGRAM AN INTERNET BASED LOAD MANAGEMENT SYSTEM WITH ZIBEE HOME... (Filed With SEC on November 8, 2010)

AMENDMENT NO. #02 EFFECTIVE JANUARY 20, 2010 TO PROFESSIONAL SERVICES AGREEMENT FOR TXU ENERGYS 2009 iTHERMOSTAT PROGRAM AN INTERNET BASED LOAD MANAGEMENT SYSTEM WITH ZIGBEE HOME... (Filed With SEC on November 8, 2010)

AMENDMENT NO. 03 EFFECTIVE JUNE 18, 2010 TO PROFESSIONAL SERVICES AGREEMENT FOR TXU ENERGY'S 2009 iTHERMOSTAT PROGRAM AN INTERNET BASED LOAD MANAGEMENT SYSTEM WITH ZIGBEE HOME... (Filed With SEC on November 8, 2010)

AMENDMENT NO. #04 EFFECTIVE JULY 1, 2010 TO PROFESSIONAL SERVICES AGREEMENT FOR TXU ENERGYS 2009 iTHERMOSTAT PROGRAM AN INTERNET BASED LOAD MANAGEMENT SYSTEM WITH ZIGBEE HOME AREA... (Filed With SEC on November 8, 2010)

AMENDMENT NO. #05 FFECTIVE JULY 27, 2010 TO PROFESSIONAL SERVICES AGREEMENT FOR TXU ENERGYs 2009 iTHRS"" PROGRAM AN INTERNET BASED LOAD MANAGEMENT SYSTEM WITH ZIGBEE HOME AREA... (Filed With SEC on November 8, 2010)

FIRST AMENDMENT TO EMPLOYMENTAGREEMENT (Filed With SEC on November 8, 2010)

JOINTVENTURE MASTER AGREEMENT (Filed With SEC on July 30, 2010)

COMVERGE,INC. TRADEMARKLICENSE AGREEMENT (Filed With SEC on July 30, 2010)

WARRANTAGREEMENT (Filed With SEC on July 30, 2010)

COMVERGE,INC. EXECUTIVE EMPLOYMENTAGREEMENT (Filed With SEC on July 30, 2010)

COMVERGE,INC. EXECUTIVE EMPLOYMENTAGREEMENT (Filed With SEC on March 8, 2010)

SEPARATION AGREEMENT ANDGENERAL RELEASE COMPANYCONFIDENTIAL (Filed With SEC on March 8, 2010)

ConsultingAgreement (Filed With SEC on March 8, 2010)

[Letterheadof Consolidated Edison Company of New York, Inc.] (Filed With SEC on March 8, 2010)

SECONDAMENDMENT TO LOANAND SECURITY AGREEMENT (Filed With SEC on February 12, 2010)

Comverge,Inc. 2,400,000Shares1 CommonStock ($0.001parvalue) UnderwritingAgreement (Filed With SEC on November 19, 2009)

COMMERCIAL AND INDUSTRIAL LOAD MANAGEMENT AGREEMENT BETWEEN ARIZONA PUBLIC SERVICE COMPANY AND ALTERNATIVE ENERGY RESOURCES, INC. DATED: SEPTEMBER 12, 2008 APS CONTRACT NO. 90211... (Filed With SEC on November 12, 2008)

DIRECT LOAD CONTROL (Filed With SEC on May 13, 2008)

DEMAND SIDE MANAGEMENT AGREEMENT (Filed With SEC on May 13, 2008)

DIRECT LOAD CONTROL DELIVERY AGREEMENT AMENDMENT NO. 1 (Filed With SEC on December 6, 2007)

Comverge, Inc. Shares1 Common Stock (Filed With SEC on December 3, 2007)

Comverge, Inc. Shares1 Common Stock (Filed With SEC on November 9, 2007)

COMVERGE, INC. EXECUTIVE EMPLOYMENT AND NON-COMPETITION AGREEMENT (Filed With SEC on November 6, 2007)

DIRECT LOAD CONTROL DELIVERY AGREEMENT BETWEEN THE CONNECTICUT LIGHT AND POWER COMPANY AND ALTERNATIVE ENERGY RESOURCES, INC. (Filed With SEC on October 31, 2007)

DIRECT LOAD CONTROL DELIVERY AGREEMENT BETWEEN THE CONNECTICUT LIGHT AND POWER COMPANY AND ALTERNATIVE ENERGY RESOURCES, INC. (Filed With SEC on October 22, 2007)

DEMAND RESPONSE RESOURCE PURCHASE AGREEMENT BETWEEN (Filed With SEC on October 22, 2007)

COMVERGE, INC. EXECUTIVE EMPLOYMENT AGREEMENT (Filed With SEC on October 22, 2007)

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (Filed With SEC on October 22, 2007)

COMVERGE, INC. 2006 LONG-TERM INCENTIVE PLAN (Filed With SEC on October 22, 2007)

COMVERGE, INC. AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT October 16, 2007 TABLE OF CONTENTS (Filed With SEC on October 22, 2007)

COMVERGE, INC. SUBORDINATED CONVERTIBLE PROMISSORY NOTE (Filed With SEC on October 22, 2007)

EQUITY PURCHASE AGREEMENT BY AND AMONG (Filed With SEC on October 4, 2007)

DELIVERED DEMAND REDUCTIONAGREEMENT BETWEEN NEVADA POWER COMPANY AND COMVERGE, INC. DATED MAY 2, 2007 TABLE OF CONTENTS (Filed With SEC on August 14, 2007)

AGREEMENT AND PLAN OF MERGER BY AND AMONG (Filed With SEC on June 28, 2007)

Comverge, Inc. 5,300,000 Shares1 Common Stock ($0.001 par value) Underwriting Agreement (Filed With SEC on April 13, 2007)

Comverge, Inc. 4,687,500 Shares1 Common Stock ($0.001 par value) Underwriting Agreement (Filed With SEC on April 9, 2007)

AMENDED AND RESTATED WARRANT TO PURCHASE SERIES C PREFERRED STOCK OF (Filed With SEC on April 9, 2007)

Amendment No. 1 to Strategic Development and Marketing Agreement (Filed With SEC on April 9, 2007)

AMENDED AND RESTATED WARRANT (Filed With SEC on April 5, 2007)

DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT (Filed With SEC on April 5, 2007)

AMENDMENT NO. 1 TO COMVERGE, INC. 2006 LONG-TERM INCENTIVE PLAN (Filed With SEC on April 5, 2007)

LOAN MODIFICATION AGREEMENT (Filed With SEC on April 5, 2007)

DEMAND RESPONSE PURCHASE AGREEMENT Between (Filed With SEC on March 23, 2007)

DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT (Filed With SEC on March 5, 2007)

DEMAND RESPONSE PURCHASE AGREEMENT Between (Filed With SEC on March 5, 2007)

CONTRACT BETWEEN PACIFICORP AND COMVERGE TECHNOLOGIES, INC. FOR UTAH AIR CONDITIONING LOAD CONTROL SERVICES TABLE OF CONTENTS (Filed With SEC on February 8, 2007)

AGREEMENT FOR SUPPLEMENTAL INSTALLED CAPACITY SOUTHWEST CONNECTICUT (LRP Resources) Between ISO New England Inc. (Filed With SEC on February 8, 2007)

SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (Filed With SEC on February 8, 2007)

Dated as of January 18,2007 among ALTERNATIVE ENERGYRESOURCES, INC. as Borrower, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as Credit Parties, THE LENDERS SIGNATORY HERETO FROM... (Filed With SEC on February 8, 2007)

COMVERGE, INC. NON-EMPLOYEE DIRECTOR COMPENSATION (Filed With SEC on February 8, 2007)

SECOND AMENDMENT (Filed With SEC on February 8, 2007)

DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT (Filed With SEC on February 8, 2007)

ADVANCED ENERGYMANAGEMENT AGREEMENT between Scientific-Atlanta, Inc. and Gulf Power Company, Inc. Scientific-Atlanta Proprietary Information (Filed With SEC on January 3, 2007)

CONTRACT BETWEEN PACIFICORP AND COMVERGE TECHNOLOGIES, INC. FOR UTAH AIR CONDITIONING LOAD CONTROL SERVICES TABLE OF CONTENTS (Filed With SEC on January 3, 2007)

AGREEMENT FOR SUPPLEMENTAL INSTALLED CAPACITY SOUTHWEST CONNECTICUT (LRP Resources) Between ISO New England Inc. (Filed With SEC on January 3, 2007)

Purchase Contract Request forProposals #SL04100009 (Filed With SEC on January 3, 2007)

CONFIDENTIAL (Filed With SEC on January 3, 2007)

SUPPLY AGREEMENT (Filed With SEC on January 3, 2007)

AND SUPPLY AGREEMENT (Filed With SEC on January 3, 2007)

EMPLOYMENT AGREEMENT (Filed With SEC on January 3, 2007)

COMVERGE, INC. EXECUTIVE EMPLOYMENT AGREEMENT (Filed With SEC on January 3, 2007)

WARRANT (Filed With SEC on October 5, 2006)

WARRANT TO PURCHASE SERIES C PREFERRED STOCK OF COMVERGE, INC. (Filed With SEC on October 5, 2006)

COMVERGE, INC. THIRD AMENDED AND RESTATED (Filed With SEC on October 5, 2006)

ADVANCED ENERGYMANAGEMENT AGREEMENT between Scientific-Atlanta, Inc. and Gulf Power Company, Inc. Scientific-Atlanta Proprietary Information (Filed With SEC on October 5, 2006)

CONTRACT BETWEEN PACIFICORP AND COMVERGE TECHNOLOGIES, INC. FOR UTAH AIR CONDITIONING LOAD CONTROL SERVICES TABLE OF CONTENTS (Filed With SEC on October 5, 2006)

DEMAND RESPONSE CAPACITY DELIVERY AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND (Filed With SEC on October 5, 2006)

AGREEMENT FOR SUPPLEMENTAL INSTALLED CAPACITY SOUTHWEST CONNECTICUT (LRP Resources) Between ISO New England Inc. (Filed With SEC on October 5, 2006)

AGREEMENT FOR SUPPLEMENTAL INSTALLED CAPACITY SOUTHWEST CONNECTICUT (LRP Resources) (Filed With SEC on October 5, 2006)

Purchase Contract Request forProposals #SL04100009 (Filed With SEC on October 5, 2006)

Loan and Security Agreement (Filed With SEC on October 5, 2006)

LEASE, EQUIPMENT AND OFFICE SERVICES AGREEMENT Made on the 1st day of October 1999 Between Decision Systems Israel Ltd. of 11 BenGurion Street Givat Shmuel, Israel (hereinafter... (Filed With SEC on October 5, 2006)

CONFIDENTIAL (Filed With SEC on October 5, 2006)

SUPPLY AGREEMENT (Filed With SEC on October 5, 2006)

AND SUPPLY AGREEMENT (Filed With SEC on October 5, 2006)

COMVERGE TECHNOLOGIES, INC. 2000 STOCK PLAN: STOCK OPTION AGREEMENT (Filed With SEC on October 5, 2006)

COMVERGE TECHNOLOGIES, INC. 2000 STOCK PLAN NOTICE OF STOCK OPTION GRANT (Filed With SEC on October 5, 2006)

COMVERGE TECHNOLOGIES, INC. NOTICEOF ANTI-DILUTION STOCK OPTION GRANT (Filed With SEC on October 5, 2006)

OPTION AGREEMENT (Filed With SEC on October 5, 2006)

COMVERGE, INC. STOCK ISSUANCE AGREEMENT (Filed With SEC on October 5, 2006)

COMVERGE, INC. 2006 LONG-TERM INCENTIVE PLAN COMVERGE, INC. 2006 LONG-TERM INCENTIVE PLAN Table of Contents (Filed With SEC on October 5, 2006)

2006 COMVERGE, INC. LONG-TERM INCENTIVE PLAN NONQUALIFIED STOCK OPTION AGREEMENT (Filed With SEC on October 5, 2006)

2006 COMVERGE, INC. LONG-TERM INCENTIVE PLAN RESTRICTED STOCK GRANT AGREEMENT (Filed With SEC on October 5, 2006)

INDEMNIFICATION AGREEMENT (Filed With SEC on October 5, 2006)

Min Level (Filed With SEC on October 5, 2006)

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COMVERGE, INC. Contracts & Agreements