Attached files
| file | filename |
|---|---|
| S-1/A - Premier Power Renewable Energy, Inc. | v189896_s1a.htm |
| EX-23.4 - Premier Power Renewable Energy, Inc. | v189896_ex23-4.htm |
| EX-23.1 - Premier Power Renewable Energy, Inc. | v189896_ex23-1.htm |
| EX-23.3 - Premier Power Renewable Energy, Inc. | v189896_ex23-3.htm |
| EX-10.48 - Premier Power Renewable Energy, Inc. | v189896_ex10-48.htm |
| EX-10.47 - Premier Power Renewable Energy, Inc. | v189896_ex10-47.htm |
| EX-10.46 - Premier Power Renewable Energy, Inc. | v189896_ex10-46.htm |
| EX-10.44 - Premier Power Renewable Energy, Inc. | v189896_ex10-44.htm |
SUPPLEMENT
TO LIMITED AND TEMPORARY WAIVER AGREEMENT
Reference
is made to that certain Limited and Temporary Waiver Agreement between Genesis
Capital Advisors, LLC and its designated FINRA licensed Broker Dealer
("Genesis") and Premier Power Renewable Energy, Inc. ("Premier") dated April 28,
2010 (the "Original Waiver"). Capitalized terms used and not
otherwise defined herein shall have the meanings given to them in the Original
Waiver.
Pursuant
to the Original Waiver, Genesis agreed to provide a limited and temporary waiver
with respect to the exclusivity provision in the Genesis Agreement, in order to
allow Premier to enter into an engagement agreement (“Engagement Letter”) and a
related placement agent agreement with Merriman Curhan Ford & Co.
(“Merriman”). The parties acknowledge that the Engagement Letter has
since been revised in the form attached hereto as Exhibit A (the
“Revised Engagement Letter”), and the parties agree that such waiver granted
pursuant to the Original Waiver shall be applicable to the Revised Engagement
Letter, the transactions contemplated thereby and the placement agent agreement
with Merriman substantially in the form attached hereto as
Exhibit B
("Placement Agent Agreement").
For the
avoidance of doubt, Genesis hereby confirms its consent for Premier to enter
into the Revised Engagement Letter with Merriman and the Placement Agent
Agreement.
This
limited and temporary waiver does not apply to any amendments, extensions, or
changes to any of the terms of the Revised Engagement Letter or Placement Agent
Agreement and is strictly limited to the Capital Raising Transaction (as defined
in the Engagement Letter) to be placed by Merriman. Premier hereby re-confirms
its agreement in the Original Waiver to pay Genesis a cash fee equal to $150,000
at the time capital is received by Premier. This limited and temporary waiver
shall expire upon the expiration or termination of the Engagement Letter. With
the exception of this limited and temporary waiver, all terms of the Genesis
Agreement remain in full force and effect.
IN
WITNESS WHEREOF, the parties hereto have executed this agreement as of July 7,
2010.
|
Premier
Power Renewable Energy, Inc.
By:
/s/ Dean
Marks
Dean
Marks
President
|
Genesis
Capital Advisors, LLC
By:
/s/ Charles
Gilreath
Charles
Gilreath
Managing
Member
|