INDEMNITY AGREEMENTIndemnity 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”).
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”).
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • Delaware
This Change in Control Agreement (“Agreement”) is made as of the ___th day of [MONTH] 202[●] by and between Capstone Green Energy Holdings, Inc., a Delaware corporation (the “Company”), and [EMPLOYEE NAME] (the “Employee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • New York
This REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is dated as of this 7th day of December 2023, by and among Capstone Green Energy LLC, a Delaware limited liability company (the “Company”), and the persons identified on the signature pages hereto (collectively, the “Holders,” and each individually, the “Holder”).
REORGANIZED PUBLICCO SERVICES AGREEMENTReorganized Publicco Services Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • Delaware
This Reorganized PublicCo Services Agreement (this “Agreement”), dated as of December 7, 2023 (“Effective Date”), is made by and between Capstone Green Energy Holdings, Inc. (f/k/a Capstone Turbine International, Inc.), a Delaware corporation (“Reorganized PublicCo”), and Capstone Green Energy LLC, a Delaware limited liability company (“New Subsidiary” and together with Reorganized PublicCo, the “Parties” and each a “Party”).
REORGANIZED PRIVATECO SERVICES AGREEMENTReorganized Privateco Services Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • Delaware
THIS SERVICES AGREEMENT (this “Agreement”), effective as of December 7, 2023 (the “Effective Date”), is entered into by and among Capstone Green Energy LLC, a Delaware limited liability company (“Capstone”), and Capstone Distributor Support Services Corporation (f/k/a Capstone Green Energy Corporation), a Delaware corporation (“Reorganized PrivateCo”). Each of Capstone and Reorganized PrivateCo are referred to herein as a “Party” and together as the “Parties.”
Trademark License AgreementTrademark License Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • New York
This Trademark License Agreement, dated as of December 7, 2023 (such date, the “Effective Date”, and such agreement, this “Agreement”), is entered into by and between Capstone Distributor Support Services Corporation, a Delaware corporation, formerly known as Capstone Green Energy Corporation (“Licensor”) and Capstone Green Energy Holdings, Inc., a Delaware corporation (“Licensee”). Licensor and Licensee are referred to herein individually as a “Party” and collectively as the “Parties”.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • December 11th, 2023 • Capstone Green Energy Holdings, Inc. • Engines & turbines • Delaware
