Bloom Energy Corp Sample Contracts

BLOOM ENERGY CORPORATION 13,000,000 Shares of Class A Common Stock, par value $0.0001 per share Underwriting Agreement
Bloom Energy Corp • August 19th, 2022 • Electrical industrial apparatus • New York

Bloom Energy Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 13,000,000 shares (the “Underwritten Shares”) of Class A common stock, par value $0.0001 per share, of the Company (the “Common Stock”) and, at the option of the Underwriters, up to an additional 1,950,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.”

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DEALER]1
Bloom Energy Corp • May 16th, 2023 • Electrical industrial apparatus

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Bloom Energy Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.

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INDEMNITY AGREEMENT
Indemnity Agreement • September 7th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

This Indemnity Agreement, dated as of June 1, 2018 is made by and between Bloom Energy Corporation, a Delaware corporation (the “Company”), and _____, a director, officer or key employee of the Company or one of the Company’s subsidiaries or other service provider who satisfies the definition of Indemnifiable Person set forth below (the “Indemnitee”).

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BLOOM ENERGY CORPORATION and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of May 16, 2023 3.00% Green Convertible Senior Notes due 2028
Indenture • May 16th, 2023 • Bloom Energy Corp • Electrical industrial apparatus • New York

INDENTURE, dated as of May 16, 2023, between Bloom Energy Corporation, a Delaware corporation, as issuer (the “Company”), and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”).

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Contract
English Warrant Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • California

THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the “1933 ACT”). OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD. OFFERED FOR SALE PLEDGED. OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT. OR ANY APPLICABLE STATE SECURITIES LAWS.

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AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and 2015 ESA PROJECT COMPANY, LLC as Buyer dated as of June 25, 2015
Purchase, Use and Maintenance Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of June 25, 2015 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2015 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.

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MASTER ENERGY SERVER PURCHASE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and DIAMOND STATE GENERATION PARTNERS, LLC as Buyer dated as of April 13, 2012
Master Energy Server Purchase Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This MASTER ENERGY SERVER PURCHASE AGREEMENT (this “Agreement”), dated as of April 13, 2012 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.

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EQUITY CONTRIBUTION AGREEMENT Dated as of March 20, 2013 by and among BLOOM ENERGY CORPORATION, as the Contributor, DIAMOND STATE GENERATION PARTNERS, LLC, as the Company and DEUTSCHE BANK TRUST COMPANY AMERICAS, as the Collateral Agent
Equity Contribution Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This EQUITY CONTRIBUTION AGREEMENT (this “Agreement”), dated as of March 20, 2013, is entered into by and among BLOOM ENERGY CORPORATION, a Delaware corporation (the “Contributor”), DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (the “Company”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as the Collateral Agent under the Collateral Agency Agreement referenced below (in such capacity, together with any successor Collateral Agent appointed pursuant to the Collateral Agency Agreement, the “Collateral Agent”). Capitalized terms used in this Agreement are defined as set forth in Section 1.1.

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AMENDED AND RESTATED ADMINISTRATIVE SERVICES AGREEMENT by and between BLOOM ENERGY CORPORATION, 2013B ESA HOLDCO, LLC and 2013B ESA PROJECT COMPANY, LLC Dated as of September 25, 2013
Administrative Services Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

THIS AMENDED AND RESTATED ADMINISTRATIVE SERVICES AGREEMENT (the “Agreement”) is made as of September 25, 2013, by and among 2013B ESA HOLDCO, LLC, a Delaware limited liability company (the “Company”), 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Project Company”), and BLOOM ENERGY CORPORATION, a Delaware corporation (the “Administrator”), and amends and restates that certain Administrative Services Agreement, dated as of July 19, 2013, by and among the Company, the Project Company and the Administrator. The Company, the Project Company, and the Administrator are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

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2012 V PPA HOLDCO, LLC a Delaware Limited Liability Company SECOND AMENDED AND RESTATED OPERATING AGREEMENT Dated as of August 30, 2013
Operating Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

Please return the completed certificate to usbcdc.renewableenergy@usbank.com no later than [***] days after current period.

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BLOOM ENERGY CORPORATION EMPLOYMENT, CONFIDENTIAL INFORMATION, INVENTION ASSIGNMENT AND ARBITRATION AGREEMENT (Effective Date)
And Arbitration Agreement • July 9th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • California

As a condition of my employment with BLOOM ENERGY CORPORATION, its subsidiaries, affiliates, successors or assigns (together, the “Company”), and in consideration of my employment with the Company and my receipt of the compensation now and hereafter paid to me by the Company, the sufficiency of which is hereby acknowledged, I agree to the following:

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BLOOM ENERGY CORPORATION AGREEMENT AND WARRANT TO PURCHASE SERIES F PREFERRED STOCK Effective Date: July 1, 2014 Void After: July 1, 2021
Preferred Stock • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

This Agreement and Warrant to Purchase Series F Preferred Stock (this “Agreement” or “Warrant”) certifies that, for value received, PE12PXVC (US DIRECT) LTD., or any permitted transferee (the “Holder”), is entitled, subject to the terms set forth below, to purchase from Bloom Energy Corporation, a Delaware corporation (the “Company”), up to 372,074 shares of Series F Preferred Stock of the Company (“Series F Preferred Stock”), upon surrender of this Warrant, at the principal office of the Company referred to below, with the subscription form attached hereto duly executed, and simultaneous payment therefor, as hereinafter provided, of the aggregate Exercise Price (as defined below). The Exercise Price and the number of shares of Series F Preferred Stock purchasable hereunder are subject to adjustment as provided herein.

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BLOOM ENERGY CORPORATION THE GUARANTORS PARTY HERETO, as Guarantors AND U.S. BANK NATIONAL ASSOCIATION, as Trustee and Collateral Agent INDENTURE Dated as of December 15, 2015 5.0% Convertible Senior Secured PIK Notes due 2020
Supplemental Indenture • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture to be duly executed as of the day and year first above written.

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ATTACHMENT B CHANGE IN CONTROL AND SEVERANCE AGREEMENT
Change in Control and Severance Agreement • March 31st, 2020 • Bloom Energy Corp • Electrical industrial apparatus • California

This Change in Control and Severance Agreement (the “Agreement”) is entered into by Hari Pillai (the “Executive”) and Bloom Energy Corporation, a Delaware corporation (the “Company”), on December 3, 2018, and is effective as of January 1, 2019 (the “Effective Date”).

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FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and 2016 ESA PROJECT COMPANY, LLC as Buyer dated as of October 24, 2016 and Amended and Restated as of June 26, 2017
First Amended • July 19th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of October 24, 2016, and amended and restated as of June 26, 2017 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2016 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.

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MASTER OPERATION AND MAINTENANCE AGREEMENT by and between DIAMOND STATE GENERATION PARTNERS, LLC and BLOOM ENERGY CORPORATION dated as of April 13, 2012
And Maintenance Agreement • July 19th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This MASTER OPERATION AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of April 13, 2012, between BLOOM ENERGY CORPORATION, a Delaware corporation (“BE” or, in its capacity as operator hereunder, “Operator”), and DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (“Owner”) (each, a “Party”, and together, the “Parties”), covers (i) the Portfolio of on-site solid oxide fuel cell power generating systems capable of being powered by renewable fuels, having an aggregate Nameplate Capacity of up to 30 MW (each a “Bloom System”, and together the “Bloom Systems”) and (ii) the BOF installed by BE pursuant to the MESPA, in each case to the extent set forth herein.

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a Delaware Limited Liability Company AMENDED AND RESTATED OPERATING AGREEMENT Dated as of September 24, 2014
Operating Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

THIS AMENDED AND RESTATED OPERATING AGREEMENT, dated as of September 24, 2014, is made and entered into by and among EXELON GENERATION COMPANY, LLC, a Pennsylvania limited liability company (together with its permitted successors and assigns, the “Class A Equity Investor”), as the Class A Member, and CLEAN TECHNOLOGIES 2014, LLC, a Delaware limited liability company (the “Class B Equity Investor”), as the Class B Member.

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ADMINISTRATIVE SERVICES AGREEMENT by and between BLOOM ENERGY CORPORATION, DIAMOND STATE GENERATION HOLDINGS, LLC and DIAMOND STATE GENERATION PARTNERS, LLC Dated as of April 13, 2012
Administrative Services Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

THIS ADMINISTRATIVE SERVICES AGREEMENT (the “Agreement”) is made as of this 13th day of April, 2012, by and among DIAMOND STATE GENERATION HOLDINGS, LLC, a Delaware limited liability company (the “Company”), DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (the “Project Company”) and BLOOM ENERGY CORPORATION, a Delaware corporation (the “Administrator”).

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MASTER OPERATION AND MAINTENANCE AGREEMENT by and between DIAMOND STATE GENERATION PARTNERS, LLC and BLOOM ENERGY CORPORATION dated as of April 13, 2012
And Maintenance Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York

This MASTER OPERATION AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of April 13, 2012, between BLOOM ENERGY CORPORATION, a Delaware corporation (“BE” or, in its capacity as operator hereunder, “Operator”), and DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (“Owner”) (each, a “Party”, and together, the “Parties”), covers (i) the Portfolio of on-site solid oxide fuel cell power generating systems capable of being powered by renewable fuels, having an aggregate Nameplate Capacity of up to 30 MW (each a “Bloom System”, and together the “Bloom Systems”) and (ii) the BOF installed by BE pursuant to the MESPA, in each case to the extent set forth herein.

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DEPOSITARY AGREEMENT among DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company, as the Company and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary Dated as of...
Depositary Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This DEPOSITARY AGREEMENT, dated as of March 20, 2013 (this “Agreement”), is entered into by and among DIAMOND STATE GENERATION PARTNERS, LLC, a Delaware limited liability company (the “Company”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the Secured Parties (in such capacity, “Collateral Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary agent, bank and securities intermediary (in such capacities, “Depositary”).

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SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DIAMOND STATE GENERATION HOLDINGS, LLC dated as of March 20, 2013
Limited Liability Company Agreement • July 9th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

Second Amended and Restated Limited Liability Company Agreement of Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), dated as of March 20, 2013 by and among Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”) and Mehetia Inc., a Delaware corporation (“Mehetia”).

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SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DIAMOND STATE GENERATION HOLDINGS, LLC dated as of March 20, 2013
Limited Liability Company Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

Second Amended and Restated Limited Liability Company Agreement of Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), dated as of March 20, 2013 by and among Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”) and Mehetia Inc., a Delaware corporation (“Mehetia”).

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EQUITY CAPITAL CONTRIBUTION AGREEMENT with respect to DIAMOND STATE GENERATION HOLDINGS, LLC by and among CLEAN -TECHNOLOGIES II, LLC DIAMOND STATE GENERATION HOLDINGS, LLC DIAMOND STATE GENERATION PARTNERS, LLC and MEHETIA INC. dated as of March 16, 2012
Equity Capital Contribution Agreement • July 9th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This Equity Capital Contribution Agreement (this “Agreement”) is made and entered into as of March 16, 2012 (the “Execution Date”) by and among Mehetia Inc., a Delaware corporation (“Investor” or “Mehetia”), Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”), Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), and Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Project Company”).

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CONSENT, AUTHORIZATION, WAIVER AND FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT
Note Purchase Agreement • July 19th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This CONSENT, AUTHORIZATION, WAIVER AND FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT, dated as of June 24, 2013 (this “Consent, Waiver and Amendment”), is entered into by Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”), and the Holders party to that certain Note Purchase Agreement, dated as of March 20, 2013 (the “Note Purchase Agreement”), by and among the Company and the note purchasers party thereto. Capitalized terms used herein and not otherwise defined shall have the meaning assigned to such terms in the Note Purchase Agreement.

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FIRST SUPPLEMENTAL INDENTURE
Supplemental Indenture • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September September 20, 2016, by and among Bloom Energy Corporation, a Delaware corporation (the “Company”), as issuer, Rye Creek LLC, a Delaware limited liability company (the “Guarantor”), as guarantor, and U.S. Bank National Association, as trustee (the “Trustee”) and collateral agent (the “Collateral Agent”) under the Indenture referred to below.

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NASA AMES RESEARCH CENTER ENHANCED USE LEASE Basic Lease Information
Lease • May 18th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • California

This Environmental Issues Management Plan (“EIMP”) provides a decision framework for the management of residual chemicals in soil and groundwater at the Site during development. The EIMP is intended to describe procedures to address the known remaining environmental conditions at the Site, as well as contingency actions to be taken in the event that previously unknown environmental conditions are encountered during development of the NRP. The EIMP will be provided to the U.S. Environmental Protection Agency (“U.S. EPA”) and the California Regional Water Quality Control Board, San Francisco Bay Region (“RWQCB”) as lead agencies for the Site, and other involved regulatory agencies with oversight authority to obtain regulatory approval of the measures to be taken during Site development to address Site environmental conditions. By obtaining regulatory pre-approval of procedures to be followed if impacted soil and groundwater are encountered during Site development activities, the potentia

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DIAMOND STATE GENERATION PARTNERS, LLC 5.22% Senior Secured Notes due March 30, 2025 NOTE PURCHASE AGREEMENT Dated March 20, 2013
Note Purchase Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York

Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”), agrees with each of the Purchasers as follows:

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FIRST AMENDMENT TO THE EQUITY CAPITAL CONTRIBUTION AGREEMENT WITH RESPECT TO DIAMOND STATE GENERATION HOLDINGS, LLC
Contribution Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

THIS FIRST AMENDMENT TO THE EQUITY CAPITAL CONTRIBUTION AGREEMENT WITH RESPECT TO DIAMOND STATE GENERATION HOLDINGS, LLC, (this “Amendment”), is executed as of April 13, 2012, by and among Mehetia Inc., a Delaware corporation (“Mehetia”), Clean Technologies II, LLC, a Delaware limited liability company (“Clean Technologies”), Diamond State Generation Holdings, LLC, a Delaware limited liability company (the “Company”), and Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Project Company”). Each of the foregoing entities shall be referred to individually herein as a “Party” and collectively as the “Parties”.

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GUARANTY
Contribution Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

GUARANTY (this “Guaranty”) dated as of March 16, 2012 by Bloom Energy Corporation, a Delaware corporation (the “Guarantor”), in favor of Mehetia Inc., a Delaware corporation (the “Guaranteed Party”).

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EQUITY CAPITAL CONTRIBUTION AGREEMENT by and between CLEAN TECHNOLOGIES 2015, LLC and June 25, 2015
Equity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
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FIRST AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT
Operating Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • Delaware

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED OPERATING AGREEMENT of 2012 V PPA Holdco, LLC (this “Amendment”) is executed as of March 28, 2014, to be effective as of August 30, 2013, by and between Firstar Development, LLC, a Delaware limited liability company (the “Class A Member”), and Clean Technologies III, LLC, a Delaware limited liability company (the “Class B Member”). The Class A Member and the Class B Member shall be referred to individually herein as a “Party” and collectively as the “Parties”. Capitalized terms used herein and not otherwise defined have the meanings provided in the Second Amended and Restated Operating Agreement, dated as of August 30, 2013 (the “Company LLC Agreement”), by and between the Parties.

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BLOOM ENERGY CORPORATION EIGHTH AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT June 30, 2011
Registration Rights Agreement • June 12th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • California

This Eighth Amended and Restated Registration Rights Agreement (this “Agreement”) is made as of June 30, 2011, by and among Bloom Energy Corporation, a Delaware corporation (the “Company”), and each of the persons and entities who have purchased shares of the Company’s Series A Preferred Stock, Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock, Series F Preferred Stock or Series G Preferred Stock pursuant to stock purchase agreements between such purchasers and the Company.

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DEPOSITARY AGREEMENT among 2014 ESA PROJECT COMPANY, LLC a Delaware limited liability company, as the Company and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Depositary Dated as of July 18, 2014
Depositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This DEPOSITARY AGREEMENT, dated as of July 18, 2014 (this “Agreement”), is entered into by and among 2014 ESA Project Company, LLC, a Delaware limited liability company (the “Company”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the Secured Parties (in such capacity, “Collateral Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary agent, bank and securities intermediary (in such capacities, “Depositary”).

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EQUITY CAPITAL CONTRIBUTION AGREEMENT by and among CLEAN TECHNOLOGIES 2014, LLC and EXELON GENERATION COMPANY, LLC JULY 18, 2014
Equity Capital Contribution Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York

This EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of July 18, 2014 (the “Execution Date”) entered into by and among Clean Technologies 2014, LLC, a Delaware limited liability company (the “Bloom Member”), on the one hand, and Exelon Generation Company, LLC, a Pennsylvania limited liability company (together with its permitted successors and assigns, the “Investor”), on the other hand.

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DEPOSITARY AGREEMENT among 2012 V PPA PROJECT COMPANY, LLC, a Delaware limited liability company, as Borrower and PE12GVVC (BLOOM PPA) LTD., as Administrative Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS as Depositary and Collateral Agent Dated as...
Depositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This DEPOSITARY AGREEMENT, dated as of February 21, 2013 (this “Agreement”), is entered into by and among 2012 V PPA PROJECT COMPANY, LLC, a Delaware limited liability company (“Borrower”), PE12GVVC (BLOOM PPA) LTD., as administrative agent for the Secured Parties referred to in the Credit Agreement (as defined below) (in such capacity, “Administrative Agent”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary agent, bank and securities intermediary (in such capacities, “Depositary”) and as collateral agent for the Secured Parties (in such capacity, “Collateral Agent”).

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