Capstone Turbine Corp Sample Contracts

CAPSTONE TURBINE CORPORATION _________ SHARES COMMON STOCK
Underwriting Agreement • June 12th, 2000 • Capstone Turbine Corp • Motors & generators • New York
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CAPSTONE TURBINE CORPORATION 7,000,000 SHARES COMMON STOCK
Underwriting Agreement • November 16th, 2000 • Capstone Turbine Corp • Motors & generators • New York
SERIES D COMMON STOCK PURCHASE WARRANT CAPSTONE TURBINE CORPORATION
CAPSTONE TURBINE Corp • September 6th, 2019 • Engines & turbines

THIS SERIES D COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after April 2, 2020 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on April 2, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Capstone Turbine Corporation, a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

OFFICE LEASE WARNER CENTER
Office Lease • March 29th, 2002 • Capstone Turbine Corp • Engines & turbines • California
SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • September 6th, 2019 • CAPSTONE TURBINE Corp • Engines & turbines • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of September 4, 2019, between Capstone Turbine Corporation, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).

Exhibit 4.1 RIGHTS AGREEMENT
Rights Agreement • July 8th, 2005 • Capstone Turbine Corp • Engines & turbines • New York
RIGHTS AGREEMENT dated as of May 6, 2019 between CAPSTONE TURBINE CORPORATION as the Company and BROADRIDGE FINANCIAL SOLUTIONS, INC. as the Rights Agent
Rights Agreement • May 6th, 2019 • CAPSTONE TURBINE Corp • Engines & turbines • Delaware

RIGHTS AGREEMENT, dated as of May 6, 2019, (this “Agreement”), by and between Capstone Turbine Corporation, a Delaware corporation (the “Company”), and Broadridge Financial Solutions, Inc., a Delaware corporation, as rights agent (the “Rights Agent”).

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • October 18th, 2016 • CAPSTONE TURBINE Corp • Engines & turbines • New York

This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 18, 2016, is by and among Capstone Turbine Corporation, a Delaware corporation with offices located at 21211 Nordhoff Street, Chatsworth, CA 91311 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).

CAPSTONE TURBINE CORPORATION AT-THE-MARKET EQUITY OFFERING SALES AGREEMENT
Sales Agreement • August 28th, 2015 • CAPSTONE TURBINE Corp • Engines & turbines • New York

Capstone Turbine Corporation (the “Company”), confirms its agreement (this “Agreement”) with Cowen and Company, LLC (“Cowen”), as follows:

EXHIBIT 4.1 STOCK OPTION AGREEMENT WITH EMILY M. LIGGETT
Stock Option Agreement • December 20th, 2002 • Capstone Turbine Corp • Engines & turbines • Delaware
INDEMNITY AGREEMENT
Indemnity Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • Delaware

THIS INDEMNITY AGREEMENT (this “Agreement”) is made as of [__], by and between Capstone Green Energy Holdings, Inc., a Delaware corporation (the “Company”), and [●] (“Indemnitee”).

CONFIDENTIAL
License Agreement • October 16th, 2000 • Capstone Turbine Corp • Motors & generators • California
CAPSTONE TURBINE CORPORATION SERIES A WARRANT TO PURCHASE COMMON STOCK
CAPSTONE TURBINE Corp • April 21st, 2016 • Engines & turbines • New York

Capstone Turbine Corporation, a company organized under the laws of Delaware (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [HOLDER], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after October 23, 2016 (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), ______________ (_____________)1 fully paid nonassessable shares of Common Stock (as defined below), subject to adjustment as provided herein (the “Warrant Shares”). Except as otherwise defined herein, capitalized terms in this Series A Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, this “Warrant”), shall h

AMENDED AND RESTATED UNDERWRITING AGREEMENT
Underwriting Agreement • June 22nd, 2021 • Capstone Green Energy Corp • Engines & turbines • New York

The undersigned, Capstone Green Energy Corporation, a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Capstone Green Energy Corporation, the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which H.C. Wainwright & Co., LLC is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein. This Amended and Restated Underwriting Agreement amends, restates, an

INDENTURE
Indenture • September 8th, 2005 • Capstone Turbine Corp • Engines & turbines • New York
July 24, 2006
Capstone Turbine Corp • July 24th, 2006 • Engines & turbines
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CAPSTONE TURBINE CORPORATION PRE-FUNDED SERIES B WARRANT TO PURCHASE COMMON STOCK
CAPSTONE TURBINE Corp • April 21st, 2016 • Engines & turbines • New York

Capstone Turbine Corporation, a company organized under the laws of Delaware (the “Company”), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, [HOLDER], the registered holder hereof or its permitted assigns (the “Holder”), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, at any time or times on or after the date hereof (the “Initial Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date, (as defined below), ______________ (_____________)1 fully paid nonassessable shares of Common Stock (as defined below), subject to adjustment as provided herein (the “Warrant Shares”); provided, however, in the event that on the Expiration Date the Holder beneficially owns the Maximum Percentage (as defined below) then the Expiration Date shall be tolled and extended until such time that the Holder beneficially

AT THE MARKET OFFERING AGREEMENT June 7, 2018
The Market Offering Agreement • June 7th, 2018 • CAPSTONE TURBINE Corp • Engines & turbines • New York

Capstone Turbine Corporation, a corporation organized under the laws of Delaware (the “Company”), confirms its agreement (this “Agreement”) with H.C. Wainwright & Co., LLC (the “Manager”) as follows:

EXPORT-IMPORT BANK OF THE UNITED STATES WORKING CAPITAL GUARANTEE PROGRAM BORROWER AGREEMENT
Borrower Agreement • June 7th, 2017 • CAPSTONE TURBINE Corp • Engines & turbines

THIS BORROWER AGREEMENT (this "Agreement") is made and entered into by the entity identified as Borrower on the signature page hereof ("Borrower") in favor of the Export- Import Bank of the United States ("Ex-Im Bank") and the institution identified as Lender on the signature page hereof ("Lender").

by and between AMB PROPERTY, L.P. "LANDLORD" and CAPSTONE TURBINE CORPORATION "TENANT"
Industrial Lease • March 29th, 2002 • Capstone Turbine Corp • Engines & turbines
CONFIDENTIAL
Transition Agreement • October 16th, 2000 • Capstone Turbine Corp • Motors & generators • California
CAPSTONE TURBINE CORPORATION 40,000,000 Shares Warrants to Purchase 20,000,000 Shares Common Stock ($0.001 Par Value) PLACEMENT AGENCY AGREEMENT
Capstone Turbine Corp • January 19th, 2007 • Engines & turbines • New York

The undersigned, Capstone Turbine Corporation, a Delaware corporation (the “Company”), hereby addresses you (the “Placement Agent”) and confirms its agreement with you as follows:

NOTE PURCHASE AGREEMENT dated as of December 7, 2023 among CAPSTONE GREEN ENERGY LLC, as Company, and CAPSTONE GREEN ENERGY HOLDINGS, INC. and CAPSTONE TURBINE FINANCIAL SERVICES, LLC as Guarantors, VARIOUS PURCHASERS, GOLDMAN SACHS SPECIALTY LENDING...
Note Purchase Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • New York

This NOTE PURCHASE AGREEMENT, dated as of December 7, 2023, is entered into by and among CAPSTONE GREEN ENERGY LLC (“Company”), as issuer, CAPSTONE GREEN ENERGY HOLDINGS, INC. (“Holdings”) and CAPSTONE TURBINE FINANCIAL SERVICES, LLC, as guarantors, the Purchasers party hereto from time to time, and GOLDMAN SACHS SPECIALTY LENDING GROUP, L.P., (“GSSLG”) as collateral agent (in such capacity, “Collateral Agent”).

CAPSTONE TURBINE CORPORATION 21,485,660 Shares Warrants to Purchase 6,445,698 Shares Common Stock ($0.001 Par Value) PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • September 18th, 2008 • Capstone Turbine Corp • Engines & turbines • New York

The undersigned, Capstone Turbine Corporation, a Delaware corporation (the “Company”), hereby addresses you (the “Placement Agent”) and confirms its agreement with you as follows:

Capstone Turbine Corporation Purchase Warrant for Common Shares October 1, 2020
CAPSTONE TURBINE Corp • October 5th, 2020 • Engines & turbines • New York

THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS, AND MAY NOT BE PLEDGED, SOLD, OFFERED FOR SALE, TRANSFERRED, OR OTHERWISE DISPOSED OF IN THE ABSENCE OF REGISTRATION UNDER OR EXEMPTION FROM SUCH ACT AND ALL APPLICABLE STATE SECURITIES LAWS.

CONFIDENTIAL
Nondisclosure Agreement • June 21st, 2000 • Capstone Turbine Corp • Motors & generators • California
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