LETTER OF CREDIT FACILITY AGREEMENT dated as of June 29, 2016 among SUNPOWER CORPORATION, SUNPOWER CORPORATION, SYSTEMS, TOTAL S.A., the SUBSIDIARY APPLICANTS parties hereto from time to time, and CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANKLetter of Credit Facility Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices • New York
This LETTER OF CREDIT FACILITY AGREEMENT (this “Agreement”) dated as of June 29, 2016, is made by and among SunPower Corporation, a Delaware corporation (the “Company”), SunPower Corporation, Systems, a Delaware corporation (“Systems”), Total S.A., a société anonyme organized under the laws of the Republic of France (the “Parent Guarantor”), the Subsidiary Applicants (as defined below) parties hereto from time to time, and Crédit Agricole Corporate and Investment Bank (the “Bank”).
AMENDED AND RESTATED CREDIT SUPPORT AGREEMENTCredit Support Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices • New York
This AMENDED AND RESTATED CREDIT SUPPORT AGREEMENT (together with any Exhibits and Schedules attached hereto, as the same may be amended from time to time in accordance with the terms hereof, this “Agreement”), dated as of June 29, 2016, is entered into by and between SunPower Corporation, a Delaware corporation (the “Company”), and Total S.A., a société anonyme organized under the laws of the Republic of France (the “Guarantor”).
First Amendment to Credit AgreementCredit Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices
This First Amendment to Credit Agreement (this “Amendment”) is made and entered into as of June 30, 2016, by and among SunPower Revolver HoldCo I, LLC, a Delaware limited liability company (the “Borrower”), MIZUHO BANK, LTD., in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”), MIZUHO BANK (USA), in its capacity as Collateral Agent (in such capacity, the “Collateral Agent”), MIZUHO BANK, LTD. and GOLDMAN SACHS BANK USA, as Issuing Banks (the “Issuing Banks”), and the financial institutions party hereto as lenders (the “Lenders”) and the financial institutions party hereto.
CONTINUING AGREEMENT FOR STANDBY LETTERS OF CREDIT AND DEMAND GUARANTEES June 29, 2016 (Date)Continuing Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices • New York
To induce each of you, during the Commitment Period (as defined below) and subject to the terms and conditions set forth herein, to issue one or more irrevocable letters of credit or demand guarantees at the request of Applicant (as defined below), in substantially such form as Applicant shall request, Applicant unconditionally and irrevocably agrees with you, including as to each Credit (as defined below), as follows:
TRANSFER AGREEMENTTransfer Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices • New York
This Transfer Agreement (this “Transfer Agreement”) is entered into as of June 29, 2016 by and among SunPower Corporation, a Delaware corporation (the “Company”), SunPower Corporation, Systems, a Delaware corporation (the “Subsidiary Applicant” and, together with the Company, the “Credit Parties” and individually, each a “Credit Party”), Total S.A., a société anonyme organized under the laws of the Republic of France (the “Parent Guarantor”), Deutsche Bank AG New York Branch, as administrative agent for the Banks (as defined below) (in such capacity, the “Administrative Agent”), and the Banks.
CREDIT AGREEMENT among SunPower Revolver HoldCo I, LLC, as Borrower MIZUHO BANK, LTD., as Lead Arranger, Administrative Agent and Documentation Agent MIZUHO BANK (USA), as Collateral Agent MIZUHO BANK, LTD. AND GOLDMAN SACHS BANK USA, as Issuing Banks...Credit Agreement • August 10th, 2016 • Sunpower Corp • Semiconductors & related devices • New York
