EMPLOYMENT AGREEMENTEmployment Agreement • March 14th, 2007 • Calpine Corp • Electric services • New York
This Employment Agreement (the “Agreement”) is entered into on June 13, 2006, between CALPINE CORPORATION, a Delaware corporation (the “Company”), and Robert E. Fishman (“Executive”) to provide the terms and conditions for Executive’s employment with the Company and its affiliates from time to time (together, the “Group”). This Agreement is conditioned upon the following: (a) the approval of the United States bankruptcy court having jurisdiction over the Company’s reorganization under Chapter 11 of the U.S. Bankruptcy Code (the “Bankruptcy Court”); and (b) the approval of the Company’s Compensation Committee.
AMENDMENT TO WAIVER AGREEMENT Dated as of August 4, 2006 among CALPINE CONSTRUCTION FINANCE COMPANY, L.P. CCFC FINANCE CORP. THE GUARANTORS NAMED HEREIN and WILMINGTON TRUST FSB, as Trustee Relating to the Indenture Dated as of August 14, 2003 and...Waiver Agreement • March 14th, 2007 • Calpine Corp • Electric services • New York
AMENDMENT TO WAIVER AGREEMENT UNDER INDENTURE, dated as of August 4, 2006 (“Amendment”), among Calpine Construction Finance Company, L.P., a Delaware limited partnership (the “Company”), CCFC Finance Corp., a Delaware corporation (“Finance Corp.”), the Guarantors and Wilmington Trust FSB, as trustee (the “Trustee”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 14th, 2007 • Calpine Corp • Electric services
This Amendment to Employment Agreement (the “Amendment”) is made as of December ___, 2006, by and between CALPINE CORPORATION, a Delaware Corporation (the “Company”) and SCOTT J. DAVIDO (the “Executive”).
OMNIBUS AMENDMENT TO OPERATIVE DOCUMENTS AND AGREEMENT – BROAD RIVERAnd Agreement • March 14th, 2007 • Calpine Corp • Electric services • New York
OMNIBUS AMENDMENT TO OPERATIVE DOCUMENTS AND AGREEMENT – BROAD RIVER (this “Amendment”) dated as of July 13, 2006, is made by and among (i) BROAD RIVER ENERGY LLC, a Delaware limited liability company (together with its successors and permitted assigns, the “Facility Lessee”), (ii) CALPINE CORPORATION, a Delaware corporation, (iii) BROAD RIVER HOLDINGS, LLC, a Delaware limited liability company, as Pledgor under each of the Pledge Agreements (as defined below)(together with its permitted successors and assigns, the “Pledgor”), (iv) BROAD RIVER OL-1, LLC, a Delaware limited liability company, (v) BROAD RIVER OL-2, LLC, a Delaware limited liability company, (vi) BROAD RIVER OL-3, LLC, a Delaware limited liability company, (vii) BROAD RIVER OL-4, LLC, a Delaware limited liability company (each of the parties described in items (iv) through (vii) above being an “Owner Lessor” and, collectively, the “Owner Lessors”), (viii) SBR OP-1, LLC, a Delaware limited liability company, (ix) SBR OP-2,
Separation Agreement and General ReleaseYour Employment Agreement • March 14th, 2007 • Calpine Corp • Electric services • California
THIRD AMENDMENTThird Amendment • March 14th, 2007 • Calpine Corp • Electric services • New York
THIRD AMENDMENT (this “Amendment”), dated as of December 20, 2006, to the Amended and Restated Revolving Credit, Term Loan and Guarantee Agreement, dated as of February 23, 2006 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among (i) CALPINE CORPORATION (the “Borrower”), (ii) the subsidiaries of the Borrower named therein (the “Guarantors”), (iii) CREDIT SUISSE SECURITIES (USA) LLC and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as joint syndication agents (in such capacities, collectively, the “Syndication Agents”), (iv) DEUTSCHE BANK TRUST COMPANY AMERICAS (“DB”), as administrative agent for the First Priority Lenders hereunder (in such capacity and including any successors, the “First Priority Agent”), (v) GENERAL ELECTRIC CAPITAL CORPORATION (including its successors, “GE Capital”), as Sub-Agent for the Revolving Lenders hereunder (in such capacity and including any successors, the “Sub-Agent”), (vi) CREDIT SUISSE (“CS”), as administrative agent f
OMNIBUS AMENDMENT TO OPERATIVE DOCUMENTS AND AGREEMENT – SOUTH POINTOperative Documents and Agreement • March 14th, 2007 • Calpine Corp • Electric services • New York
OMNIBUS AMENDMENT TO OPERATIVE DOCUMENTS AND AGREEMENT – SOUTH POINT (this “Amendment”) dated as of July 13, 2006, is made by and among (i) SOUTH POINT ENERGY CENTER, LLC, a Delaware limited liability company (together with its successors and permitted assigns, the “Facility Lessee”), (ii) CALPINE CORPORATION, a Delaware corporation, (iii) SOUTH POINT HOLDINGS, LLC, a Delaware limited liability company, as Pledgor under each of the Pledge Agreements (as defined below)(together with its permitted successors and assigns, the “Pledgor”), (iv) SOUTH POINT OL-1, LLC, a Delaware limited liability company, (v) SOUTH POINT OL-2, LLC, a Delaware limited liability company, (vi) SOUTH POINT OL-3, LLC, a Delaware limited liability company, (vii) SOUTH POINT OL-4, LLC, a Delaware limited liability company (each of the parties described in items (iv) through (vii) above being an “Owner Lessor” and, collectively, the “Owner Lessors”), (viii) SBR OP-1, LLC, a Delaware limited liability company, (ix) S
Detroit New York Chicago DallasTerms and Conditions • March 14th, 2007 • Calpine Corp • Electric services • New York
This letter outlines the understanding (“Agreement”) between AP Services LLC, a Michigan limited liability company (“APS”) and Calpine Corporation (the “Company”) of the objectives, tasks, work product and fees for the engagement of APS that will provide Lisa Donahue as a Managing Director to lead a project whereby APS will provide financial services to the Company, reporting to you in your role as President and Chief Executive Officer. The letter supersedes in its entirety the agreement dated November 29, 2005 between APS and the Company.
November 3, 2006 Robert May Calpine Corporation 50 West San Fernando Street San Jose, CA 95113 Re: Agreement for Restructuring ServicesCalpine Corp • March 14th, 2007 • Electric services
This letter is the first amendment of the Agreement dated December 17, 2005 (the “Agreement”), between AP Services LLC, a Michigan limited liability company (“APS”) and Calpine Corporation (“Calpine” or the “Company”). Unless otherwise modified herein, the terms and conditions of the Agreement remain in full force and effect.
FOURTH AMENDMENTFourth Amendment • March 14th, 2007 • Calpine Corp • Electric services • New York
FOURTH AMENDMENT (this “Amendment”), dated as of February 28, 2007, to the Amended and Restated Revolving Credit, Term Loan and Guarantee Agreement, dated as of February 23, 2006 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among (i) CALPINE CORPORATION (the “Borrower”), (ii) the subsidiaries of the Borrower named therein (the “Guarantors”), (iii) CREDIT SUISSE SECURITIES (USA) LLC and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as joint syndication agents (in such capacities, collectively, the “Syndication Agents”), (iv) DEUTSCHE BANK TRUST COMPANY AMERICAS (“DB”), as administrative agent for the First Priority Lenders hereunder (in such capacity and including any successors, the “First Priority Agent”), (v) GENERAL ELECTRIC CAPITAL CORPORATION (including its successors, “GE Capital”), as Sub-Agent for the Revolving Lenders hereunder (in such capacity and including any successors, the “Sub-Agent”), (vi) CREDIT SUISSE (“CS”), as administrative agent
