**Exhibit 10.73****FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT**     THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), datedJune 26, 2007, is entered into among COMMERCE ENERGY, INC., a California corporation(“Borrower”), COMMERCE ENERGY GROUP, INC., a Delaware corporation (“Parent”) andWACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, as Agent and Lender(“Agent”).**RECITALS**     A. Borrower, Parent and Agent have previously entered into that certain Loan and SecurityAgreement dated June 8, 2006 (the “Loan Agreement”) as amended by the First Amendment toLoan and Security Agreement and Waiver dated September 20, 2006 (the “First Amendment”),the Second Amendment to Loan and Security Agreement and Waiver dated October 26, 2006 (the“Second Amendment”) and the Third Amendment to Loan and Security Agreement and Waiver datedMarch 15, 2007 (the “Third Amendment”), pursuant to which Agent and the other Lender partythereto, have made certain loans and financial accommodations available to Borrower. Terms usedherein without definition shall have the meanings ascribed to them in the Loan Agreement.     B. Borrower has requested that Agent amend the Loan Agreement on the terms and conditions setforth herein.     C. Borrower and Parent are entering into this Amendment with the understanding and agreementthat, except as specifically provided herein, none of Agent’s and the other Lender’s rights orremedies as set forth in the Loan Agreement is being waived or modified by the terms of thisAmendment.**AGREEMENT**     NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained,and for other good and valuable consideration, the receipt and sufficiency of which are herebyacknowledged, the parties hereby agree as follows:     1. Amendment to Loan Agreement. Section 9.19 of the Loan Agreement is hereby amendedand restated to read in its entirety as follows:“9.19. Capital Expenditures. Borrower and Guarantors shallnot make Capital Expenditures (excluding acquisitions permittedunder Section 9.10(i) hereof) in excess of $6,000,000 in theaggregate during the fiscal year ending July 31, 2007 and $5,000,000in the aggregate during each subsequent fiscal year.”     2. Effectiveness of this Amendment. The effectiveness of this Amendment, and thewaivers provided herein, are conditioned upon the occurrence of each of the following:          (a) Amendment. Agent shall have received this Amendment, fully executed in asufficient number of counterparts for distribution to all parties.
 

 
          (b) Representations and Warranties. The representations and warranties set forthherein and in the Loan Agreement shall be true and correct.          (c) Other Required Documentation. All other documents and legal matters in connectionwith the transactions contemplated by this Amendment shall have been delivered or executed orrecorded and shall be in form and substance satisfactory to Agent.     3. Representations and Warranties. Each of Borrower and Parent represents andwarrants as follows:          (a) Authority. Such party has the requisite corporate power and authority to executeand deliver this Amendment, and to perform its obligations hereunder and under the FinancingAgreements (as amended or modified hereby) to which it is a party. The execution, delivery andperformance by such party of this Amendment have been duly approved by all necessary corporateaction and no other corporate proceedings are necessary to consummate such transactions.          (b) Enforceability. This Amendment has been duly executed and delivered such party.This Amendment and each Financing Agreement (as amended or modified hereby) is the legal, valid andbinding obligation of such party, enforceable against such party in accordance with its terms, andis in full force and effect.          (c) Representations and Warranties. The representations and warranties contained ineach Financing Agreement (other than any such representations or warranties that, by their terms,are specifically made as of a date other than the date hereof) are correct on and as of the datehereof as though made on and as of the date hereof          (d) Due Execution. The execution, delivery and performance of this Amendment arewithin the power of such party, have been duly authorized by all necessary corporate action, havereceived all necessary governmental approval, if any, and do not contravene any law or any materialcontractual restrictions binding on such party.          (e) No Default. No event has occurred and is continuing that constitutes a Default orEvent of Default.     4. Governing Law. The validity, interpretation and enforcement of this Amendment andany dispute arising out of the relationship between the parties hereto, whether in contract, tort,equity or otherwise, shall be governed by the internal laws of the State of California butexcluding any principles of conflicts of law or other rule of law that would cause the applicationof the law of any jurisdiction other than the laws of the State of California.     5. Counterparts. This Amendment may be executed in any number of counterparts, eachof which shall be an original, but all of which taken together shall constitute one and the sameagreement. Delivery of an executed counterpart of this Amendment by telefacsimile or otherelectronic method of transmission shall have the same force and effect as the delivery of anoriginal executed counterpart of this Amendment. Any party delivering an executed counterpart ofthis Amendment by telefacsimile or other electronic method of transmission shall also deliver
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an original executed counterpart, but the failure to do so shall not affect the validity,enforceability or binding effect of this Amendment.     6. Reference to and Effect on the Financing Agreements.          (a) Upon and after the effectiveness of this Amendment, each reference in the Loan Agreementto “this Agreement”, “hereunder”, “hereof’ or words of like import referring to the Loan Agreement,and each reference in the other Financing Agreements to “the Loan Agreement”, “thereof’ or words oflike import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement asmodified and amended hereby.          (b) Except as specifically amended above, the Loan Agreement and all other FinancingAgreements, are and shall continue to be in full force and effect and are hereby in all respectsratified and confirmed and shall constitute the legal, valid, binding and enforceable obligationsof Borrower or Parent (as applicable) to Agent and the other Lender.          (c) The execution, delivery and effectiveness of this Amendment shall not, except as expresslyprovided herein, operate as a waiver of any right, power or remedy of Agent or the other Lenderunder any of the Financing Agreements, nor constitute a waiver of any provision of any of theFinancing Agreements.          (d) To the extent that any terms and conditions in any of the Financing Agreements shallcontradict or be in conflict with any terms or conditions of the Loan Agreement, after givingeffect to this Amendment, such terms and conditions are hereby deemed modified or amendedaccordingly to reflect the terms and conditions of the Loan Agreement as modified or amendedhereby.     7. Estoppel. To induce Agent to enter into this Amendment and to continue to makeadvances to Borrower under the Loan Agreement, Borrower hereby acknowledges and agrees that, as ofthe date hereof, there exists no right of offset, defense, counterclaim or objection in favor ofBorrower as against Agent or the other Lender with respect to the Obligations.     8. Integration. This Amendment, together with the other Financing Agreements,incorporates all negotiations of the parties hereto with respect to the subject matter hereof andis the final expression and agreement of the parties hereto with respect to the subject matterhereof.     9. Severability. In case any provision in this Amendment shall be invalid, illegal orunenforceable, such provision shall be severable from the remainder of this Amendment and thevalidity, legality and enforceability of the remaining provisions shall not in any way be affectedor impaired thereby.     10. Submission of Amendment. The submission of this Amendment to the parties or theiragents or attorneys for review or signature does not constitute a commitment by Agent to waive anyof its rights and remedies under the Financing Agreements, and this Amendment shall have no bindingforce or effect until all of the conditions to the effectiveness of this Amendment have beensatisfied as set forth herein.
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     IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first abovewritten.         COMMERCE ENERGY, INC., a California  corporation         By: /s/ Lawrence Clayton, Jr.           Name: Lawrence Clayton, Jr.           Title: CFO                  COMMERCE ENERGY GROUP, INC.,  a Delaware corporation         By: /s/ Lawrence Clayton           Name: Lawrence Clayton, Jr.           Title: CFO                  WACHOVIA CAPITAL FINANCE  CORPORATION (WESTERN),  a California corporation, as Agent and Lender         By: /s/ Carlos Valleo           Name: Carlos Valleo           Title: Director         
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