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, 2015Purchase, 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”.
MASTER ENERGY SERVER PURCHASE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and DIAMOND STATE GENERATION PARTNERS, LLC as Buyer dated as of April 13, 2012Master Energy Server Purchase Agreement • March 21st, 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”.
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, 2013Administrative 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”.
2012 V PPA HOLDCO, LLC a Delaware Limited Liability Company SECOND AMENDED AND RESTATED OPERATING AGREEMENT Dated as of August 30, 2013Operating 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.
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, 2017First Amended • March 21st, 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”.
MASTER OPERATION AND MAINTENANCE AGREEMENT by and between DIAMOND STATE GENERATION PARTNERS, LLC and BLOOM ENERGY CORPORATION dated as of April 13, 2012And Maintenance Agreement • March 21st, 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.
a Delaware Limited Liability Company AMENDED AND RESTATED OPERATING AGREEMENT Dated as of September 24, 2014Operating 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.
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, 2012Administrative Services Agreement • March 21st, 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”).
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 • March 21st, 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”).
SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DIAMOND STATE GENERATION HOLDINGS, LLC dated as of March 20, 2013Limited Liability Company Agreement • March 21st, 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”).
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, 2012Equity Capital Contribution Agreement • March 21st, 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”).
CONSENT, AUTHORIZATION, WAIVER AND FIRST AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 21st, 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.
FIRST AMENDMENT TO THE EQUITY CAPITAL CONTRIBUTION AGREEMENT WITH RESPECT TO DIAMOND STATE GENERATION HOLDINGS, LLCContribution Agreement • March 21st, 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”.
EQUITY CAPITAL CONTRIBUTION AGREEMENT by and between CLEAN TECHNOLOGIES 2015, LLC and June 25, 2015Equity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
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, 2014Depositary 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”).
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”).
AMENDMENT NO. 1 DEPOSITARY AGREEMENTDepositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDMENT NO. 1 TO DEPOSITARY AGREEMENT (this “Amendment”), is entered into effective as of March 21, 2017 by and among Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”), Deutsche Bank Trust Company Americas, as Depositary (“Depositary”), and Deutsche Bank Trust Company America, as Collateral Agent (“Collateral Agent”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Depositary Agreement (as defined below). All Section references, unless otherwise indicated, shall be references to Sections of the Depositary Agreement and the rules of interpretation set forth in the Depositary Agreement apply as if set forth herein.
AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 25, 2013, by and between 2013B ESA PROJECT COMPANY, LLC, as Borrower, and SILICON VALLEY BANK, as LenderCredit Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement” or the “Credit Agreement”), is entered into as of September 25, 2013 (the “Effective Date”), by and between 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), and SILICON VALLEY BANK, a California corporation (the “Lender”), and amends and restates that certain Credit Agreement, dated as of July 19, 2013 (the “Original Credit Agreement”), by and between the Borrower and the Lender.
AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 30, 2013 among 2012 ESA PROJECT COMPANY, LLC (Borrower) And PE12GVVC (BLOOM PPA) LTD., PE12PXVC (BLOOM PPA) LTD., and the other Lenders from time to time party hereto, (Lenders) And PE12GVVC...Lender Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 30, 2013, among 2012 ESA PROJECT COMPANY, LLC (formerly known as 2012 V PPA Project Company, LLC), a Delaware limited liability company, as borrower (“Borrower”), PE12GVVC (BLOOM PPA) LTD. and PE12PXVC (BLOOM PPA) LTD., as lenders (together with the other institutions from time to time party hereto, the “Lenders”), PE12GVVC (BLOOM PPA) LTD., as administrative agent for the Lenders (in such capacity, “Administrative Agent”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent for the Secured Parties referred to herein (in such capacity, “Collateral Agent”).
AMENDED AND RESTATED MASTER ENERGY SERVER PURCHASE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and 2012 V PPA PROJECT COMPANY, LLC as Buyer dated as of December 21, 2012Master Energy Server Purchase Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDED AND RESTATED MASTER ENERGY SERVER PURCHASE AGREEMENT (this “Agreement”), dated as of December 21, 2012 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2012 V PPA 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”.
ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • California
THIS ADMINISTRATIVE SERVICES AGREEMENT (the “Agreement”) is made as of June 25, 2015 (the “Effective Date”), by and among 2015 ESA HOLDCO, LLC, a Delaware limited liability company (the “Company”) and BLOOM ENERGY CORPORATION, a Delaware corporation (the “Administrator”). The Company and the Administrator are sometimes referred to herein individually as a “Party” and collectively as the “Parties”
AMENDMENT NO. 1 NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDMENT NO. 1 TO NOTE PURCHASE AGREEMENT (this “Amendment”), is entered into effective as of March 16, 2015 by and among 2014 ESA Project Company, LLC, a Delaware limited liability company (the “Company”), and each of the undersigned Holders of Notes. Capitalized terms used and not otherwise defined herein have the meanings given to them in the Note Purchase Agreement (as defined below). All Section references, unless otherwise indicated, shall be references to Sections of the Note Purchase Agreement and the rules of interpretation set forth in the Note Purchase Agreement apply as if set forth herein.
AMENDED AND RESTATED EQUITY CAPITAL CONTRIBUTION AGREEMENT between FIRSTAR DEVELOPMENT, LLC and CLEAN TECHNOLOGIES III, LLC August 30, 2013Equity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDED AND RESTATED EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of August 30, 2013 (the “Execution Date”) entered into by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies III, LLC, a Delaware limited liability company (the “Class B Member”).
AMENDED AND RESTATED GUARANTYGuaranty • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus
This AMENDED AND RESTATED GUARANTY (this “Guaranty”), dated as of August 2, 2013, by Bloom Energy Corporation, a Delaware corporation (the “Guarantor”), in favor of Firstar Development, LLC, a Delaware limited liability company (together with its successors, permitted assigns or permitted transferees, the “Guaranteed Party”).
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 18, 2014 (this “Amendment”), is entered into by and between 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), and SILICON VALLEY BANK, a California corporation (the “Lender”). The purpose of this Amendment is to amend that certain Amended and Restated Credit Agreement, dated as of September 25, 2013, as amended by the First Amendment to Amended and Restated Credit Agreement, dated as of November 14, 2013, by and between the Borrower and the Lender (collectively, the “Credit Agreement”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Credit Agreement and the rules of interpretation set forth in the Credit Agreement apply as if set forth herein.
EQUITY CONTRIBUTION TRI-PARTY AGREEMENTEquity Capital Contribution Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This EQUITY CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) dated as of December 21, 2012 (the “Execution Date”) entered into by and between Firstar Development, LLC, a Delaware limited liability company (the “Investor”), and Clean Technologies III, LLC, a Delaware limited liability company (the “Class B Member”).
ACCOUNTS AGREEMENT dated as of July 19, 2013 by and among 2013B ESA PROJECT COMPANY, LLC, as the Borrower, SILICON VALLEY BANK, as the Lender and as Agent for the Secured Swap Providers, and THE BANK OF NEW YORK MELLON, as the Accounts BankAccounts Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This ACCOUNTS AGREEMENT (this “Agreement”), dated as of July 19, 2013, is by and among 2013B ESA PROJECT COMPANY, LLC, a limited liability company organized and existing under the laws of the State of Delaware, as borrower (the “Borrower”), SILICON VALLEY BANK, a California corporation, as lender and as agent for the Secured Swap Providers (the “Lender”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as accounts bank (the “Accounts Bank”).
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, effective as of October 24, 2014 (this “Amendment”), is entered into by and between 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), and SILICON VALLEY BANK, a California corporation (the “Lender”). The purpose of this Amendment is to amend that certain Amended and Restated Credit Agreement, dated as of September 25, 2013, as amended by the First Amendment to Amended and Restated Credit Agreement, dated as of November 14, 2013, and as further amended by the Second Amendment to Amended and Restated Credit Agreement, dated as of July 18, 2014, in each case, by and between the Borrower and the Lender (collectively, the “Credit Agreement”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Credit Agreement and the rules of interpretation set forth in the Credit Agreement apply as if set forth herein.
FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 5, 2015 (this “Amendment”), is entered into by and between 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), and SILICON VALLEY BANK, a California corporation (the “Lender”). The purpose of this Amendment is to amend that certain Amended and Restated Credit Agreement, dated as of September 25, 2013, as amended by the First Amendment to Amended and Restated Credit Agreement, dated as of November 14, 2013, as further amended by the Second Amendment to Amended and Restated Credit Agreement, dated as of July 18, 2014, and as further amended by the Third Amendment to Amended and Restated Credit Agreement, effective as of October 24, 2014, in each case, by and between the Borrower and the Lender (collectively, the “Credit Agreement”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Credit Agreement and the rules of interpretation
AMENDMENT NO. 1 TO FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENTAnd Maintenance Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDMENT NO. 1 TO FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of September 11, 2017 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2016 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer,” and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections, annexes and exhibits of the PUMA and the rules of interpretation set forth in the PUMA apply as if set forth herein.
SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This SECOND AMENDMENT TO NOTE PURCHASE AGREEMENT (this “Amendment”), is entered into effective as of March 13, 2018 by and among Diamond State Generation Partners, LLC, a Delaware limited liability company (the “Company”) and the Holders that have duly executed counterparts of this Amendment. Capitalized terms used and not otherwise defined herein have the meanings given to them in the Note Purchase Agreement (as defined below). All Section references, unless otherwise indicated, shall be references to Sections of the Note Purchase Agreement and the rules of interpretation set forth in the Note Purchase Agreement apply as if set forth herein.
SECOND AMENDMENT TO ACCOUNTS AGREEMENTAccounts Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This SECOND AMENDMENT TO ACCOUNTS AGREEMENT, effective as of October 24, 2014 (this “Amendment”), is entered into by and among 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), SILICON VALLEY BANK, a California corporation, as lender and as agent for the Secured Swap Providers (the “Lender”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as Accounts Bank (the “Accounts Bank”). The purpose of this Amendment is to amend that certain Accounts Agreement, dated as of July 19, 2013, as amended by the First Amendment to the Accounts Agreement, dated as of December 30, 2013 (as so amended, the “Accounts Agreement”), by and among the Borrower, the Lender and the Accounts Bank. Capitalized terms used and not otherwise defined herein have the meanings given to them in the Accounts Agreement and the rules of interpretation set forth in the Accounts Agreement apply as if set forth herein.
AMENDED AND RESTATED MASTER ENERGY SERVER PURCHASE and SERVICES AGREEMENT between BLOOM ENERGY CORPORATION as Seller and 2013B ESA PROJECT COMPANY, LLC as Buyer dated as of September 25, 2013Master Energy Server Purchase • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This AMENDED AND RESTATED MASTER ENERGY SERVER PURCHASE AND SERVICES AGREEMENT (this “Agreement”), dated as of September 25, 2013 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer”), and amends and restates that certain Master Energy Server Purchase and Services Agreement, dated as of July 19, 2013, by and between Seller and Buyer. Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.
DEPOSITARY AGREEMENT among as Borrower CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as Administrative Agent WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Depositary Bank Dated as of June...Depositary Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This DEPOSITARY AGREEMENT, dated as of June 25, 2015 (this “Agreement”), is made by and among 2015 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as administrative agent for the Lenders (as defined in the Credit Agreement, as hereinafter defined) (the “Administrative Agent”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as collateral agent for the benefit of the Secured Parties (as hereinafter defined) (the “Collateral Agent”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as depositary bank (the “Depositary Bank”).
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 14, 2013 (this “Amendment”), is entered into by and between 2013B ESA PROJECT COMPANY, LLC, a Delaware limited liability company (the “Borrower”), and SILICON VALLEY BANK, a California corporation (the “Lender”). The purpose of this Amendment is to amend that certain Amended and Restated Credit Agreement, dated as of September 25, 2013, by and between the Borrower and the Lender. Capitalized terms used and not otherwise defined herein have the meanings given to them in the Credit Agreement and the rules of interpretation set forth in the Credit Agreement apply as if set forth herein.
