AGREEMENT AND PLAN OF MERGER by and among FIRST SOLAR, INC., JEFFERSON MERGER SUB, LLC, ENERGY CAPITAL PARTNERS I, LP, ENERGY CAPITAL PARTNERS I-A, LP, ENERGY CAPITAL PARTNERS I-B IP, LP, ENERGY CAPITAL PARTNERS I (WD IP), LP, and NEXTLIGHT RENEWABLE...Agreement and Plan of Merger • April 28th, 2010 • First Solar, Inc. • Semiconductors & related devices • New York
This AGREEMENT AND PLAN OF MERGER is made as of April 27, 2010 (this “Agreement”) by and among (i) First Solar, Inc., a Delaware corporation (“Parent”), (ii) Jefferson Merger Sub, LLC, a Delaware limited liability company and an indirect wholly owned subsidiary of Parent (“Merger Sub”), (iii) Energy Capital Partners I, LP, a Delaware limited partnership, Energy Capital Partners I-A, LP, a Delaware limited partnership, Energy Capital Partners I-B IP, LP, a Delaware limited partnership, and Energy Capital Partners I (WD IP), LP, a Delaware limited partnership (collectively, the “ECP Members”), and (iv) NextLight Renewable Power, LLC, a Delaware limited liability company (the “Company”). Parent, Merger Sub, each ECP Member and the Company are each referred to herein as a “Party” or, collectively, as the “Parties”.
