INDEMNIFICATION AGREEMENTIndemnification Agreement • February 10th, 2012 • Twin Cities Power Holdings, LLC • Minnesota
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of February , 2012 between Twin Cities Power Holdings, LLC, a Minnesota limited liability company (the “Company”), and (“Indemnitee”).
INDENTURE Dated as of , 2012 by and between TWIN CITIES POWER HOLDINGS, LLC, as obligor and BOKF, NA DBA BANK OF OKLAHOMA, as trusteeIndenture • March 30th, 2012 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Minnesota
THIS INDENTURE is hereby entered into as of , 2012, by and between Twin Cities Power Holdings, LLC, a Minnesota limited liability company (the “Company”), as obligor, and BOKF, NA dba Bank of Oklahoma, a national association, as trustee (the “Trustee”).
MARKET PARTICIPANT GUARANTEE AGREEMENTMarket Participant Guarantee Agreement • March 29th, 2013 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Texas
This MARKET PARTICIPANT GUARANTEE AGREEMENT (this "Guarantee") is made by the undersigned entity (together with its permitted successors and assigns, the “Guarantor”, in favor of ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. (together with its successors and assigns, “ERCOT”. The Guarantor and ERCOT shall be referred to herein collectively as “Parties”.
EMPLOYMENT AGREEMENTEmployment Agreement • January 6th, 2016 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • Minnesota
This Employment Agreement (the "Agreement") is entered into as of January 1, 2016 between ASPIRITY HOLDINGS, LLC., a Minnesota limited liability company (the "Company"), located in Minneapolis, Minnesota, and Scott C. Lutz (“Executive”).
INDENTURE Dated as of May 10, 2012 by and between TWIN CITIES POWER HOLDINGS, LLC, as obligor and BOKF, NA DBA BANK OF OKLAHOMA, as trustee Renewable Unsecured Subordinated NotesAspirity Holdings LLC • September 16th, 2015 • Commodity contracts brokers & dealers • Minnesota
THIS INDENTURE is hereby entered into as of May 10, 2012, by and between Twin Cities Power Holdings, LLC, a Minnesota limited liability company (the “Company”), as obligor, and BOKF, NA dba Bank of Oklahoma, a national association, as trustee (the “Trustee”).
GUARANTEEGuarantee • March 30th, 2015 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
GUARANTEE, dated as of April 25, 2014, by TWIN CITIES POWER HOLDINGS, LLC, a Minnesota limited liability company, ("Guarantor"), in favor of NOBLE AMERICAS ENERGY SOLUTIONS LLC (the "Counterparty").
AMENDED AND RESTATED OUTSOURCING AGREEMENT Dated as of [___________], 2015 ASPIRITY HOLDINGS LLC And REDWATER LLC Renewable Unsecured Subordinated NotesOutsourcing Agreement • September 16th, 2015 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • Minnesota
This AMENDED AND RESTATED OUTSOURCING AGREEMENT (this “Agreement”) is entered into as of this [___] day of [_________], 2015 by and between Aspirity Holdings LLC, a Minnesota limited liability company (f/k/a Twin Cities Power Holdings, LLC) (the “Company”), and Redwater LLC, a Minnesota limited liability company (the “Contractor”).
Renewable Unsecured Subordinated Note Subscription AgreementTwin Cities Power Holdings, LLC • May 7th, 2012 • Commodity contracts brokers & dealers
To purchase a renewable unsecured subordinated note(s), please complete both sides of this form and write a check made payable to Twin Cities power Holdings, LLC. Mail this form, your check and any other documents requested below in the enclosed postage-prepaid business reply envelope. If you use your own envelope, please mail your investment to: Twin Cities Power Holdings, LLC, PO Box 4126, Hopkins, MN 55343. If you have any questions, please call 888-955-3385.
PAYING AGENT AGREEMENTPaying Agent Agreement • March 30th, 2012 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Minnesota
THIS PAYING AGENT AGREEMENT (the “Agreement”) is made as of the day of , 2012 between BOKF, NA dba Bank of Oklahoma, a national association maintaining its principal corporate trust office at One Williams Center, Tulsa, OK 74172 (the “Paying Agent”), and Twin Cities Power Holdings, LLC, a Minnesota limited liability company maintaining its principal place of business at 16233 Kenyon Ave., Suite 210, Lakeville, Minnesota 55044 (the “Issuer”).
GUARANTY AGREEMENTGuaranty Agreement • April 28th, 2017 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • New York
This Guaranty Agreement (the “Guaranty”) is made by Aspirity Holdings LLC, a Minnesota limited liability company (“Guarantor”), in favor of Exelon Generation Company, LLC (“Counterparty”), a Pennsylvania limited liability company.
SECOND AMENDMENT TO AMENDED AND RESTATED MEMBER CONTROL AGREEMENT OF TWIN CITIES POWER HOLDINGS, L.L.C.Member Control Agreement • September 11th, 2013 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
This Second Amendment to Amended and Restated Member Control Agreement (“Second Amendment”) dated August 28th, 2013 is to be effective as of the 28th day of June, 2013 by and among Timothy S. Krieger (“Krieger”) and Summer Enterprises, L.L.C., a Minnesota Limited Liability Company (“Summer”) who are all of the members of Twin Cities Power Holdings, L.L.C., a Minnesota Limited Liability Company (the “Company”). Krieger, Summer and the Company are jointly referred to as Parties (“Parties”).
OFFICE LEASEOffice Lease • March 18th, 2013 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Minnesota
THIS LEASE is made this 1st day of January, 2013, by and between KENYON HOLDINGS, LLC, ("Landlord"), and Twin Cities Power Holdings, LLC or assigns ("Tenant").
GUARANTYGuaranty • March 30th, 2015 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
THIS GUARANTY is given as of April 16, 2013, by Twin Cities Power Holdings, LLC, a Minnesota limited liability company, whose principal business office is located at 16233 Kenyon Avenue, Suite 210, Lakeville, MN 55044 (“Guarantor”), to PJM Settlement, Inc (“PJM Settlement”), a Pennsylvania Non-Profit Corporation, on behalf of itself and as agent for PJM Interconnection, L.L.C. (“PJM”), a Delaware limited liability company, whose principal business office is located at 955 Jefferson Avenue, Valley Forge Corporate Center, Norristown, Pennsylvania, 19403-2497.
MEMBERSHIP UNIT PURCHASE AGREEMENTMembership Unit Purchase Agreement • March 30th, 2012 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Minnesota
THIS MEMBERSHIP UNIT PURCHASE AGREEMENT (“Agreement”) is entered into by and between TWIN CITIES POWER, L.L.C., TWIN CITIES ENERGY, L.L.C. and CYGNUS PARTNERS, L.L.C., all Minnesota Limited Liability Companies (the “PURCHASERS”), and M. J. TUFTE (the “SELLER”) dated the 30th day of December 2011 and for accounting purposes this Agreement shall be determined to be effective January 1st, 2012. The PURCHASERS and SELLER are jointly referred to as PARTIES (“PARTIES”).
Pledge AGREEMENTPledge Agreement • April 28th, 2017 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • New York
This Pledge Agreement dated as of March 30, 2016 (this “Agreement”), is between Exelon Generation Company, LLC, a Pennsylvania limited liability company (“Secured Party”), and each of the undersigned Pledgors reflected on the signature pages hereof (each a “Pledgor” and collectively the “Pledgors”, and with Secured Party, the “Parties”).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • September 16th, 2015 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • Minnesota
This First Supplemental Indenture (this “Supplemental Indenture”), dated as of [●], 2015, by and between Aspirity Holdings LLC, a Minnesota limited liability company (the “Company”), as obligor, and BOKF, NA dba Bank of Oklahoma, a national association, as trustee (the “Trustee”). Capitalized terms used herein not otherwise defined are as defined in the Indenture (defined below).
GUARANTYGuaranty • March 30th, 2015 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
THIS GUARANTY is given as of April 16, 2013, by Twin Cities Power Holdings, LLC, a Minnesota limited liability company, whose principal business office is located at 16233 Kenyon Avenue, Suite 210, Lakeville, MN 55044 (“Guarantor”), to PJM Settlement, Inc (“PJM Settlement”), a Pennsylvania Non-Profit Corporation, on behalf of itself and as agent for PJM Interconnection, L.L.C. (“PJM”), a Delaware limited liability company, whose principal business office is located at 955 Jefferson Avenue, Valley Forge Corporate Center, Norristown, Pennsylvania, 19403-2497.
Bylaws of ASPIRITY HOLDINGS LLC BYLAWS OF ASPIRITY HOLDINGS LLCAnd Member Control Agreement • July 15th, 2015 • Aspirity Holdings LLC • Commodity contracts brokers & dealers
GUARANTYGuaranty Agreement • November 6th, 2014 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
This Guaranty Agreement (this “Guaranty”) dated effective as of November 5, 2014, is entered into by Twin Cities Power Holdings, LLC (“Guarantor”), a limited liability company organized under the laws of Minnesota, in favor of Shell Energy North America (US), L.P., a limited partnership organized under the laws of Delaware (“Counterparty”).
PERSONAL GUARANTY BY TIMOTHY S. KRIEGER TO ASPIRITY FINANCIAL, LLC Dated: February 7th 2017Personal Guaranty • February 13th, 2017 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • Minnesota
In consideration of and in order to induce ASPIRITY FINANCIAL, LLC (the “Lender”), to extend financial accommodations to KRIEGER ENTERPRISES, LLC (the “Borrower”), pursuant to that certain Loan Agreement of even date herewith by and between the Lender and the Borrower (the “Loan Agreement”) and as evidenced by that certain Promissory Note of even date herewith executed by the Borrower in the original principal amount of $1,000,000.00 and payable to the order of the Lender (the “Note”), the undersigned (the “Guarantor”) hereby:
GUARANTYGuaranty • March 30th, 2015 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
This Guaranty Agreement (this “Guaranty”) dated effective as of November 5, 2014, is entered into by Twin Cities Power Holdings, LLC (“Guarantor”), a limited liability company organized under the laws of Minnesota, in favor of Shell Energy North America (US), L.P., a limited partnership organized under the laws of Delaware (“Counterparty”).
GUARANTYGuaranty • February 10th, 2012 • Twin Cities Power Holdings, LLC
THIS GUARANTY is given as of December 27, 2011, by Twin Cities Power Holdings, LLC, a Minnesota limited liability company, whose principal business office is located at 16233 Kenyon Avenue, Suite 210, Lakeville, MN 55044 (“Guarantor”), to PJM Settlement, Inc (“PJM Settlement”), a Pennsylvania Non-Profit Corporation, on behalf of itself and as agent for PJM Interconnection, L.L.C. (“PJM”), a Delaware limited liability company, whose principal business office is located at 955 Jefferson Avenue, Valley Forge Corporate Center, Norristown, Pennsylvania, 19403-2497.
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENTConsultant and Professional Services Agreement • March 30th, 2012 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Minnesota
THIS CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT, (“Agreement”), dated this 8th day of March 2012 and effective as of the 6th day of March 2012 by and among WILEY H. SHARP III (“CONSULTANT”) having an address at 4879 Devonshire Circle, Shorewood, Minnesota 55331 and TWIN CITIES POWER HOLDINGS, L.L.C., a Minnesota Limited Liability Company (“TWIN CITIES”), having a place of business at 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044. CONSULTANT and TWIN CITIES are jointly referred to as PARTIES (“PARTIES”).
Renewable Unsecured Subordinated Note Subscription AgreementTwin Cities Power Holdings, LLC • May 7th, 2012 • Commodity contracts brokers & dealers
To purchase a renewable unsecured subordinated note(s), please complete both sides of this form and write a check made payable to Twin Cities power Holdings, LLC. Mail this form, your check and any other documents requested below in the enclosed postage-prepaid business reply envelope. If you use your own envelope, please mail your investment to: Twin Cities Power Holdings, LLC, PO Box 4126, Hopkins, MN 55343. If you have any questions, please call 888-955-3385.
AgreementTwin Cities Power Holdings, LLC • June 25th, 2012 • Commodity contracts brokers & dealers
As discussed with Keith and Wiley this morning, I am detailing below my proposal for assisting Twin Cities Power (“TCP”) and Twin Cities Retail Energy (“TCRE”) in the raising of capital and in providing advisory services. I want to keep matters simple and I am doing this though my energy consulting practice, since I have carved that out of Meridian, although Katmando is an affiliate of Meridian through common ownership.
GUARANTYGuaranty • February 10th, 2012 • Twin Cities Power Holdings, LLC
THIS GUARANTY is given as of December 27, 2011, by Twin Cities Power Holdings, LLC, a Minnesota limited liability company, whose principal business office is located at 16233 Kenyon Avenue, Suite 210, Lakeville, MN 55044 (“Guarantor”), to PJM Settlement, Inc (“PJM Settlement”), a Pennsylvania Non-Profit Corporation, on behalf of itself and as agent for PJM Interconnection, L.L.C. (“PJM”), a Delaware limited liability company, whose principal business office is located at 955 Jefferson Avenue, Valley Forge Corporate Center, Norristown, Pennsylvania, 19403-2497.
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • January 22nd, 2015 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
THIS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT (Fourth Amendment) is entered into the 21st day of January, 2015 (“Execution Date”) and effective this 1st Day of January, 2015 (“Effective Date”) by and between TWIN CITIES POWER HOLDINGS, L.L.C., a Minnesota Limited Liability Company, with its principal place of business at 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044 (the “COMPANY”) and TIMOTHY S. KRIEGER an individual with his principal residence at 19555 Oak Grove Ave. Prior Lake Minnesota 55372 (the “EXECUTIVE”). The COMPANY and the EXECUTIVE are jointly referred to as Parties (“PARTIES”)
GUARANTYGuaranty • February 10th, 2012 • Twin Cities Power Holdings, LLC
THIS GUARANTY is given as of December 27, 2011, by Twin Cities Power Holdings, LLC, a Minnesota limited liability company, whose principal business office is located at 16233 Kenyon Avenue, Suite 210, Lakeville, MN 55044 (“Guarantor”), to PJM Settlement, Inc (“PJM Settlement”), a Pennsylvania Non-Profit Corporation, on behalf of itself and as agent for PJM Interconnection, L.L.C. (“PJM”), a Delaware limited liability company, whose principal business office is located at 955 Jefferson Avenue, Valley Forge Corporate Center, Norristown, Pennsylvania, 19403-2497.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 18th, 2013 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers
THIS SECOND AMENDMENT TO EMPLOPYMENT AGREEMENT (Second Amendment) is entered into the 31st day of December, 2012 (“Execution Date”) and effective this 1st Day of January, 2013 (“Effective Date”) by and between TWIN CITIES POWER, L.L.C., a Minnesota Limited Liability Company, with its principal place of business at 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044 (the “COMPANY”) and STEPHANIE STASKA, an individual with her principal residence at 1521 78th Avenue, Roberts, Wisconsin 54023 (the “EMPLOYEE”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 10th, 2012 • Twin Cities Power Holdings, LLC • Minnesota
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is entered into and effective as of the day of 2012, by and between TWIN CITIES POWER, L.L.C., a Minnesota Limited Liability Company, with its principal place of business at 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044 (the “COMPANY”) and , an individual with his principal residence at (the “EMPLOYEE”). The COMPANY and EMPLOYEE are jointly referred to as PARTIES (“PARTIES”).
GUARANTYGuaranty • February 10th, 2012 • Twin Cities Power Holdings, LLC
THIS GUARANTY is given as of December 27, 2011, by Twin Cities Power Holdings, LLC, a Minnesota limited liability company, whose principal business office is located at 16233 Kenyon Avenue, Suite 210, Lakeville, MN 55044 (“Guarantor”), to PJM Settlement, Inc (“PJM Settlement”), a Pennsylvania Non-Profit Corporation, on behalf of itself and as agent for PJM Interconnection, L.L.C. (“PJM”), a Delaware limited liability company, whose principal business office is located at 955 Jefferson Avenue, Valley Forge Corporate Center, Norristown, Pennsylvania, 19403-2497.
LOAN AGREEMENTLoan Agreement • February 10th, 2012 • Twin Cities Power Holdings, LLC • New York
THIS LOAN AGREEMENT (“Agreement”) is entered into as of this 16th day of July, 2009 by and between TWIN CITIES POWER, L.L.C., a Minnesota Limited Liability Company, with its principal place of business at 17725 Juniper Path, Lakeville, Minnesota 55044 (the “BORROWER”) and PATRICK C. SUNSERI, an individual with his principal address at 2 Redwood Court, West Windsor, New Jersey 08550 (the “LENDER”). The BORROWER and LENDER are hereinafter jointly referred to as PARTIES (“PARTIES”).
CREDIT AGREEMENTCredit Agreement • November 7th, 2014 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of October 14, 2014, among RETAIL ENERGY HOLDINGS L.L.C., a Minnesota limited liability company (“REH”), TOWN SQUARE ENERGY, LLC, a Delaware limited liability company (“TSE”), DISCOUNT ENERGY GROUP, LLC, a Delaware limited liability company (“DEG”; and together with REH and TSE, each a “Borrower” and collectively, the “Borrowers”), jointly and severally, and certain Affiliates from time to time party hereto, and MAPLE BANK GMBH, acting through its Maple Bank Toronto Branch (together with its successors and assigns, the “Lender”).
MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • November 14th, 2013 • Twin Cities Power Holdings, LLC • Commodity contracts brokers & dealers • Delaware
This Membership Interest Purchase Agreement (this “Agreement”) is made as of the 28th day of October, 2013, by and among, Gregg Ruth (“Ruth”), Peter McCawley (“McCawley”), Lynn Acorda (“Acorda”; Ruth, McCawley and Acorda are referred to collectively herein as the “Sellers”), RMA Services, LLC, a California limited liability company (“Newco”) and Twin Cities Power Holdings, LLC, a limited liability company formed under the laws of the State of Minnesota, or its Assignees (the “Purchaser”).
KRIEGER ENTERPRISES LLC SPRINGING EQUITY PLEDGE AGREEMENTSpringing Equity Pledge Agreement • September 16th, 2015 • Aspirity Holdings LLC • Commodity contracts brokers & dealers • Minnesota
THIS SPRINGING EQUITY PLEDGE AGREEMENT (this “Agreement”) is made and given this 4th day of August, 2015, by TIMOTHY S. KRIEGER, whose mailing address is 19555 Oak Grove Avenue, Prior Lake, Minnesota 55372 (the “Pledgor”), in favor of ASPIRITY FINANCIAL LLC (together with its successors and assigns, if any, the “Secured Party”), a wholly owned subsidiary of ASPIRITY HOLDINGS LLC (“Holdings”). Both Lender and Holdings are Minnesota limited liability companies, whose mailing address is 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044.
