BrightSource Energy, Inc. Common Stock, par value $0.0001 Underwriting AgreementUnderwriting Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services • New York
BrightSource Energy, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”) of common stock, par value $0.0001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED PREFERRED EQUIPMENT SUPPLY AGREEMENT of December 27, 2010 MARCH 19, 2012 Between BrightSource Energy, Inc., and ALSTOM POWER Inc.Preferred Equipment Supply Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services
THIS AMENDMENT NO. 1 TO THE AMENDED AND RESTATED PREFERRED EQUIPMENT SUPPLY AGREEMENT (this “Amendment No. 1”) dated as March 19, 2012 (the “Execution Date”), is executed and entered into by and between BrightSource Energy, Inc., a Delaware corporation (“BSE”), for itself and on behalf of its Affiliates including BrightSource Industries (Israel), Ltd. (“BSII”), and ALSTOM Power Inc. (“Alstom”), a Delaware corporation (BSE and Alstom sometimes hereinafter being referred to individually as a “Party” and collectively as the “Parties”), with reference to the following:
BRIGHTSOURCE ENERGY, INC. AMENDMENT TO THE AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services
This Amendment to the Amended and Restated Investors’ Rights Agreement (“Amendment”) is made as of March 19, 2012, between BrightSource Energy, Inc., a Delaware corporation (the “Company”), the parties set forth on the signature pages hereto (the “Majority Investors”) and Caithness Development, LLC (“Caithness”).
BRIGHTSOURCE ENERGY, INC. Common Stock Purchase Agreement March 19, 2012Stock Purchase Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services • California
BrightSource Energy, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to you (the “Purchaser”), that number of shares of common stock, par value $0.0001 share (the “Common Stock”), of the Company as determined pursuant to the calculation set forth in Section 1(a) below (the “Shares”). The issuance and sale to the Purchaser of the Shares is to be consummated subsequent to the closing of the issuance and sale of shares of Common Stock by the Company pursuant to an Underwriting Agreement to be entered into by and among the Company and Goldman, Sachs & Co., Citigroup Global Markets Inc. and Deutsche Bank Securities Inc., as representatives of the several Underwriters (the “Underwriters”) named therein, to the Underwriters in connection with the Company’s initial public offering pursuant to the Company’s Registration Statement on Form S-1 (File No. 333-173686), immediately prior to, or upon, the closing of which all of the outstanding shares of the Company’s preferre
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services
This Second Amendment to Loan and Security Agreement (the “Amendment”) is entered into as of March 20, 2012 (the “Amendment Effective Date”), by and among BRIGHTSOURCE ENERGY, INC., a Delaware corporation (“Borrower”), certain wholly-owned Domestic Subsidiaries of Borrower, as Guarantors, and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“HTGC”) and HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership (“Hercules III”) (HTGC and Hercules III, collectively, “Lender”).
AMENDMENT 1 TO AMENDED AND RESTATED PREFERRED PARTNERSHIP AGREEMENTPreferred Partnership Agreement • March 21st, 2012 • BrightSource Energy Inc • Electric services
THIS AMENDMENT 1 TO THE AMENDED AND RESTATED PREFERRED PARTNERSHIP AGREEMENT (this “Amendment”), dated as of 10 February 2012 (“Amendment Effective Date”), is executed and entered into by and between BrightSource Energy, Inc., a Delaware corporation (“BSE”), for itself and on behalf of BrightSource Industries (Israel) Ltd. (“BSII”) (BSE and BSII may be referred to herein as “BrightSource”), and ALSTOM Power Inc. (“Alstom”), a Delaware corporation. BrightSource and Alstom are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
