BLOOM ENERGY CORPORATION [ ] Shares of Class A Common Stock, par value $0.0001 per share Underwriting AgreementBloom Energy Corp • July 9th, 2018 • 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 [ ] 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 [ ] shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.”
INDEMNITY AGREEMENTIndemnity Agreement • July 9th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware
This Indemnity Agreement, dated as of , 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”).
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:
SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DIAMOND STATE GENERATION HOLDINGS, LLC dated as of March 20, 2013Limited 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”).
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 • 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”).
HOLDER VOTING AGREEMENTHolder Voting Agreement • July 9th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • Delaware
This Holder Voting Agreement (this “Agreement”) is made as of the day of __________ (the “Effective Date”), by and between ___________ (together with its successors, “Stockholder”) and KR Sridhar (“Initial Proxyholder”).
