Subordinated Note and Loan Agreement Sample Contracts

FIRST AMENDMENT TO AMENDED AND RESTATED SUBORDINATED NOTE AND LOAN AGREEMENT
Subordinated Note and Loan Agreement • August 26th, 2014 • Vivint Solar, Inc. • Heating equipment, except electric & warm air furnaces • Utah

This FIRST AMENDMENT TO AMENDED AND RESTATED SUBORDINATED NOTE AND LOAN AGREEMENT is entered into and effective as of April 25, 2014 (this “Amendment”), by and between VIVINT SOLAR, INC., a Delaware corporation (“Borrower”) and APX PARENT HOLDCO, INC., a Delaware corporation (“Lender”; and together with Borrower, the “Parties”, and each, a “Party”).

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AMENDED AND RESTATED SUBORDINATED NOTE AND LOAN AGREEMENT
Subordinated Note and Loan Agreement • August 26th, 2014 • Vivint Solar, Inc. • Heating equipment, except electric & warm air furnaces • New York

FOR VALUE RECEIVED, VIVINT SOLAR, INC., a Delaware corporation (“Borrower”) does hereby promise to pay to the order of APX PARENT HOLDCO, INC., a Delaware corporation (“Lender”; and together with Borrower, the “Parties”, and each, a “Party”), in lawful money of the United States of America in immediately available funds at its offices located at 4931 N 300 W, Provo, Utah 84604, or at such other location as Lender shall designate from time to time, the Principal Amount (as defined below), together with interest accruing on the Principal Amount from the date hereof, pursuant to the terms and conditions of this Subordinate Note and Loan Agreement (this “Agreement”):

FIRST AMENDMENT TO SUBORDINATED NOTE AND LOAN AGREEMENT
Subordinated Note and Loan Agreement • August 26th, 2014 • Vivint Solar, Inc. • Heating equipment, except electric & warm air furnaces • Utah

This FIRST AMENDMENT TO SUBORDINATED NOTE AND LOAN AGREEMENT is entered into and effective as of July 26, 2013 (this “Amendment”), by and between VIVINT SOLAR, INC., a Delaware corporation (“Borrower”) and APX GROUP, INC., a Delaware corporation (“Lender”; and together with Borrower, the “Parties”, and each, a “Party”).

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