SUBORDINATED CONVERTIBLE LOAN FACILITY AND SECURITY AGREEMENT by and between KPCB HOLDINGS, INC., AS NOMINEE, as Agent and Lender, THE OTHER PARTIES NAMED HEREIN, each as a Lender, and ENPHASE ENERGY, INC., as BorrowerSubordinated Convertible Loan Facility and Security Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
This SUBORDINATED CONVERTIBLE LOAN FACILITY AND SECURITY AGREEMENT (this or the “Agreement”) is made as of June 14, 2011 (the “Effective Date”) by and among Enphase Energy, Inc., a Delaware corporation (“Borrower”), KPCB Holdings, Inc., as nominee, a California corporation (“KPCB”), as a Lender hereunder and in its capacity as Agent on behalf of the Lenders hereunder, and the other Persons named herein or who may become parties hereto (together with KPCB, referred to herein individually as a “Lender” and collectively as the “Lenders”), as Lenders, in accordance with the terms of this Agreement.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of June 13, 2011 and is entered into by and between ENPHASE ENERGY, INC., a Delaware corporation (“Parent”), and each of Parent’s other subsidiaries joined hereto (“Joined Subsidiaries”, together with Parent hereinafter collectively referred to as the “Borrower”), and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“Lender”).
AMENDED AND RESTATED VENTURE LOAN AND SECURITY AGREEMENTVenture Loan and Security Agreement • June 15th, 2011 • Enphase Energy, Inc. • Connecticut
ENPHASE ENERGY, INC. EXECUTIVE SEVERANCE AGREEMENTExecutive Severance Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
This Executive Severance Agreement (the “Agreement”) is dated as of June 14, 2011, by and between Paul B. Nahi (“Executive”) and Enphase Energy, Inc., a Delaware corporation (the “Company”). This Agreement is intended to provide Executive with certain benefits described herein upon the occurrence of specific events.
MASTER DEVELOPMENT & PRODUCTION AGREEMENT APPLICATION SPECIFIC INTEGRATED CIRCUIT (ASIC) by and between Enphase Energy, Inc. and Fujitsu Microelectronics America, Inc. Rev. 1, 10/00 Form F-1982Master Development & Production Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
This Master Development and Production Agreement (the “Agreement”) is entered into this 19 day of August, 2009 (“Effective Date”) by and between Enphase Energy, Inc., having its principal place of business at 201 Ist St., Suite 300, Petaluma, CA 94952 (“Buyer”) and Fujitsu Microelectronics America, Inc., having its principal place of business at 1250 E. Arques Ave., Sunnyvale, CA 94085 (“Seller”). In consideration of the mutual promises herein contained, the parties hereby agree as follows:
Flextronics Manufacturing Services AgreementManufacturing Agreement • June 15th, 2011 • Enphase Energy, Inc. • Colorado
This Flextronics Manufacturing Services Agreement (“Agreement”) is entered into this 1st day of March 2009 by and between Enphase Energy, Inc. having its place of business at 201 1st Street, Suite 300, Petaluma, CA 94952 (“Customer”) and Flextronics Industrial, LTD, having its place of business at Level 3, Alexander House 35 Cybercity, Ebene Mauritius (“Flextronics”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 15th, 2011 • Enphase Energy, Inc. • Delaware
This Employment Agreement (the “Agreement”) is entered into as of March 21, 2006 (the “Effective Date”) between PVI Solutions, Inc., a Delaware corporation with its principal offices located at 25 Halsey Avenue, Petaluma, California 94952 (the “Company”), and Martin Fornage, a resident of California (the “Employee”).
Flextronics Logistics Services AgreementLogistics Services Agreement • June 15th, 2011 • Enphase Energy, Inc. • Colorado
This Logistics Services Agreement (“Agreement”) is entered into this 1st day of May 2009 (the “Effective Date”), by and between Enphase Energy, Inc. having its place of business at 201 lst Street, Suite 300, Petaluma, CA 94952 (“Customer”) and Flextronics America, LLC having a place of business at 260 South Milpitas Blvd, Milpitas, California 95035 (“Flextronics”).
ENPHASE ENERGY, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
This Change in Control and Severance Agreement (the “Agreement”) is dated as of June 14, 2011, by and between Sanjeev Kumar (“Executive”) and Enphase Energy, Inc., a Delaware corporation (the “Company”). This Agreement is intended to provide Executive with certain benefits described herein upon the occurrence of specific events.
ENPHASE ENERGY, INC. AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT March 15, 2010Investors’ Rights Agreement • June 15th, 2011 • Enphase Energy, Inc. • Delaware
This Amended and Restated Investors’ Rights Agreement (the “Agreement”) is made as of March 15, 2010, by and among Enphase Energy, Inc., a Delaware corporation (the “Company”), and the investors listed on Exhibit A hereto, each of which is herein referred to as an “Investor” and all of whom herein collectively are referred to as “Investors.”
Software License AgreementSoftware License Agreement • June 15th, 2011 • Enphase Energy, Inc.
November 12, 2009 Sanjeev Kumar Dear Sanjeev:Employment Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
WATERFRONT OFFICE BUILDING FULL SERVICE LEASEFull Service Lease • June 15th, 2011 • Enphase Energy, Inc. • California
THIS WATERFRONT OFFICE BUILDING FULL SERVICE LEASE (this “Lease”) dated as of February 3, 2008, is entered into by and between PETALUMA THEATRE DISTRICT, LLC, a California limited liability company (“Landlord”), and ENPHASE ENERGY, INC. a Delaware corporation (“Tenant”).
ENPHASE ENERGY, INC. BRIDGE BANK, NATIONAL ASSOCIATION COMERICA BANK AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is entered into as of March 24, 2011, by and between BRIDGE BANK, NATIONAL ASSOCIATION (“Bridge” and, solely in its capacity as collateral agent for the Lenders (as defined below), “Collateral Agent”), COMERICA BANK (“Comerica” and, collectively, with Bridge, the “Lenders” and each, individually, a “Lender”) and INPHASE ENERGY, INC. (“Borrower”).
LICENSE AND TECHNOLOGY TRANSFER AGREEMENTLicense and Technology Transfer Agreement • June 15th, 2011 • Enphase Energy, Inc. • California
This License and Technology Transfer Agreement (the “Agreement”) effective this 21st day of December, 2007 (the “Effective Date”) by and between Ariane Controls inc., (“Ariane”) and Enphase Energy Inc., (“Enphase”). (Ariane and Enphase may be referred to individually as a “Party” and collectively as the “Parties”).
ContractCooperation Agreement • June 15th, 2011 • Enphase Energy, Inc.
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
