Attached files

file filename
S-1/A - AMENDMENT 8 TO FORM S-1 - ENTECH SOLAR, INC.ds1a.htm
EX-8.1 - OPINION OF BINGHAM MCCUTCHEN RE CERTAIN TAX CONSEQUENCES - ENTECH SOLAR, INC.dex81.htm
EX-5.1 - OPINION OF BINGHAM MCCUTCHEN LLP - ENTECH SOLAR, INC.dex51.htm
EX-23.1 - CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM - ENTECH SOLAR, INC.dex231.htm
EX-99.7 - BENEFICIAL ELECTION FORM - ENTECH SOLAR, INC.dex997.htm
EX-99.5 - NOTICE TO STOCKHOLDERS WHO ARE ACTING AS NOMINEES - ENTECH SOLAR, INC.dex995.htm
EX-99.4 - NOTICE TO STOCKHOLDERS WHO ARE RECORD HOLDERS - ENTECH SOLAR, INC.dex994.htm
EX-99.2 - FORM OF EXERCISE, SALE OR TRANSFER OF SUBSCRIPTION RIGHTS - ENTECH SOLAR, INC.dex992.htm
EX-99.1 - SUBSCRIPTION RIGHTS AGREEMENT - ENTECH SOLAR, INC.dex991.htm
EX-99.6 - NOTICE TO CLIENTS OF STOCKHOLDERS WHO ARE ACTING AS NOMINEES - ENTECH SOLAR, INC.dex996.htm
EX-99.3 - LETTER FROM DAVID GELBAUM, CHIEF EXECUTIVE OFFICER - ENTECH SOLAR, INC.dex993.htm

Exhibit 99.8

ENTECH SOLAR, INC.

NOTICE OF GUARANTEED DELIVERY

RELATING TO SHARES SUBSCRIBED FOR PURSUANT

TO THE BASIC SUBSCRIPTION RIGHT AND OVER-SUBSCRIPTION PRIVILEGE

As set forth in Entech Solar, Inc.’s (the “Company’s”) Prospectus, dated August 6, 2010, under “The Rights Offering-Payment Method,” this form (or one substantially equivalent hereto) may be used as a means of effecting the subscription and payment for shares of common stock, par value $0.001 per share, of the Company subscribed for pursuant to the basic subscription right and the over-subscription privilege. Such form may be delivered by overnight delivery or first class mail to the Subscription Agent and must be received prior to 5:00 p.m., New York City time, on September 20, 2010, the expiration date, unless earlier terminated by the Company in its sole discretion (the “Expiration Date”) to the applicable address:

COMPUTERSHARE TRUST COMPANY, N.A.

 

By First Class Mail Only:     By Overnight Delivery:
Computershare     Computershare
c/o Voluntary Corporate Actions     c/o Voluntary Corporate Actions
P.O. Box 43011     250 Royall Street
Providence, RI 02940-3011     Suite V
    Canton, MA 02021

DELIVERY OF THIS INSTRUMENT TO AN ADDRESS OTHER THAN AS SET FORTH ABOVE DOES NOT CONSTITUTE VALID DELIVERY.

The Eligible Guarantor Institution (as that term is defined in Rule 17Ad-15 of the Securities Exchange Act of 1934, as amended), which may include (i) a commercial bank or trust company, (ii) the member firm of a domestic stock exchange or (iii) a savings bank or credit union, that completes this form must communicate the guarantee and the number of shares of common stock subscribed for pursuant to both the basic subscription right and the over-subscription privilege to the Subscription Agent and the Subscription Agent must receive this Notice of Guaranteed Delivery at or prior to the Expiration Date, guaranteeing delivery to the Subscription Agent of (a) full payment for all shares of common stock subscribed for pursuant to the basic subscription right and the over-subscription privilege and (b) a properly completed and duly executed Form of Exercise, Sale or Transfer of Subscription Rights. The Form of Exercise, Sale or Transfer of Subscription Rights and full payment must be received by the Subscription Agent at or prior to 5:00 New York City time, on September 20, 2010. Failure to timely and properly deliver this Notice of Guaranteed Delivery or to make the delivery guaranteed herein will result in a forfeiture of the rights.


GUARANTEE

The undersigned, an Eligible Guarantor Institution (as that term is defined in Rule 17Ad-15 of the Securities Exchange Act of 1934, as amended) guarantees delivery to the Subscription Agent at or prior to 5:00 p.m., New York City time, on September 20, 2010 of (i) a properly completed and duly executed Form of Exercise, Sale or Transfer of Subscription Rights and (ii) full payment of the subscription price for each share of common stock subscribed for pursuant to the basic subscription right and the over-subscription privilege, if applicable, as subscription for such shares is indicated herein and on the Form of Exercise or Transfer of Subscription Rights.

Broker Assigned Control #

ENTECH SOLAR, INC.

 

1. Basic Subscription Rights   Number of rights exercised:                rights
  Number of shares subscribed for pursuant to the Basic Subscription Right for which you are guaranteeing delivery of the Form of Exercise, Sale or Transfer of Subscription Rights and full payment:                shares
  Payment to be made in connection with the basic subscription right:   $                    
    (Shares x $0.08,

the subscription

price)

2. Over-Subscription Privilege   Number of shares subscribed for pursuant to the Over-Subscription Privilege for which you are guaranteeing delivery of the Form of Exercise or Transfer of Subscription Rights and full payment:                shares
  Payment to be made in connection with the Over-Subscription Privilege:   $                    
    (Shares x $0.08,

the subscription

price)

3. Totals   Total number of rights exercised:                rights
  Total number of shares subscribed for pursuant to the Basic Subscription Right and Over-Subscription Privilege for which you are guaranteeing delivery of the Form of Exercise or Transfer of Subscription Rights and full payment:                shares
  Total payment to be made:   $                    
4. Method of Delivery (check one):

 

¨ Through the Depository Trust Company (“DTC”).

 

¨ Direct to Computershare Trust Company, N.A., as Subscription Agent.


Please assign a unique control number for each guarantee submitted. This number needs to be referenced on any direct delivery or any delivery through DTC.

 

 

Name of Firm

 

Authorized Signature

 

Name (Please print or type)

 

Title

 

DTC Participant Number

 

Contact Name

 

Address

 

City       State      Zip Code  

 

            
Phone Number             

 

            
Date