AMENDMENT TO EQUITY COMMITMENT AGREEMENT
AMENDMENT TO EQUITY COMMITMENT AGREEMENT
This Amendment, dated as of August 30, 2019 (this “Amendment”), to the Equity Commitment Agreement, dated as of August 13, 2019 (the “Equity Commitment Agreement”), is entered into by and among (i) Infrastructure and Energy Alternatives, Inc., a Delaware corporation (the “Company”), (ii) each Commitment Party (as defined in the Equity Commitment Agreement), (iii) Oaktree Power Opportunities Fund III Delaware, L.P., a Delaware limited partnership, (iv) Infrastructure and Energy Alternatives, LLC, a Delaware limited liability company and (v) OT POF IEA Preferred B Aggregator, L.P., a Delaware limited partnership. Capitalized terms used herein and not defined herein have the meanings set forth in the Equity Commitment Agreement.
WHEREAS, the Parties and Oaktree wish to make certain modifications and amendments to the terms of the Equity Commitment Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Amendment hereby agree as follows:
1. | Amendment to the Definition of “Diligence Period”. The definition of “Diligence Period” set forth in Section 1.1 of the Equity Commitment Agreement is hereby amended and restated in its entirety as set forth below: |
“Diligence Period” means the period commencing on July 29, 2019 and ending on September 18, 2019.
2. | Ratification. Except as specifically provided for in this Amendment, the terms of the Equity Commitment Agreement remain in full force and effect unaffected by this Amendment. |
3. | Effect of Amendment. Whenever the Equity Commitment Agreement is referred to in the Equity Commitment Agreement or in any other agreements, documents and instruments, such reference shall be deemed to be to the Equity Commitment Agreement as amended by this Amendment. |
4. | Miscellaneous. Sections 9.1 through 9.8 of the Equity Commitment Agreement shall apply mutatis mutandis to this Amendment. |
[Remainder of Page Intentionally Left Blank]
[Signature Page to Amendment to the Equity Commitment Agreement]
IN WITNESS WHEREOF, the undersigned Parties have duly executed this Agreement as of the date first above written.
INFRASTRUCTURE AND ENERGY ALTERNATIVES, INC.
By: | /s/ Xxxx X. Xxxxx |
Name: Xxxx X. Xxxxx
Title: President and Chief Executive Officer
ARES SPECIAL SITUATIONS FUND IV, L.P.
By: ASSF Management IV, L.P., its general partner
By: ASSF Management IV GP LLC, its general partner
By: | /s/ Xxxxx Xxxxx |
Name: Xxxxx Xxxxx
Title: Partner
ASOF HOLDINGS I, L.P.
By: ASOF Management IV, L.P., its general partner
By: ASOF Management IV GP LLC, its general partner
By: | /s/ Xxxxx Xxxxx |
Name: Xxxxx Xxxxx
Title: Partner
Notice Information:
c/o Ares Management LLC
2000 Avenue of the Stars, 00xx Xxxxx
Xxx Xxxxxxx, XX 00000
Email: xxxxxxx@xxxxxxxx.xxx
PI General Xxxxxxx@xxxxxxxx.xxx
Attention : Xxxxx Xxxxxx
INFRASTRUCTURE AND ENERGY ALTERNATIVES, LLC
By: | /s/ Xxx Xxxxxxxx |
Name: Xxx Xxxxxxxx
Title: Authorized Signatory
Notice Information:
00000 Xxx Xxxxxxx Xxxxxxxxx, Xxxxx 000
Xxx Xxxxxxx, XX 00000
Email: xxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxx@xxxxxxxxxxxxxx.xxx
Attention: Xxx Xxxxxxxx
Xxxxx Xxxxx
OT POF IEA PREFERRED B AGGREGATOR, L.P.
By: | OT POF IEA Preferred B Aggregator GP, LLC |
Its: General Partner
By: | Oaktree Power Opportunities Fund III Delaware, L.P. |
Its: Managing Member
By: | Oaktree Power Opportunities Fund III GP, L.P. |
Its: General Partner
By: | Oaktree Fund GP, LLC |
Its: General Partner
By: | Oaktree Fund GP I, L.P. |
Its: Managing Member
By: | /s/ Xxx Xxxxxxxx |
Name: Xxx Xxxxxxxx
Title: Authorized Signatory
By: | /s/ Xxxxx Xxxxx |
Name: Xxxxx Xxxxx
Title: Authorized Signatory
Notice Information:
00000 Xxx Xxxxxxx Xxxxxxxxx, Xxxxx 000
Xxx Xxxxxxx, XX 00000
Email: | xxxxxxxxx@xxxxxxxxxxxxxx.xxx |
xxxxxx@xxxxxxxxxxxxxx.xxx
Attention: | Xxx Xxxxxxxx |
Xxxxx Xxxxx
Oaktree Power Opportunities Fund III
Delaware, L.P.
By: Oaktree Power Opportunities Fund III GP, L.P.
Its: General Partner
By: Oaktree Fund GP, LLC
Its: General Partner
By: Oaktree Fund GP I, L.P.
Its: Managing Member
By: | /s/ Xxx Xxxxxxxx |
Name: Xxx Xxxxxxxx
Title: Authorized Signatory
By: | /s/ Xxxxx Xxxxx |
Name: Xxxxx Xxxxx
Title: Authorized Signatory
Notice Information:
000 Xxxxx Xxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxxxxx, XX 00000
Email: xxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxx@xxxxxxxxxxxxxx.xxx
Attention: Xxx Xxxxxxxx
Xxxxx Xxxxx
