INDEMNITY AGREEMENTIndemnification Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of , 2011, is made by and between ENPHASE ENERGY, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
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 • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • 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 • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • 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”).
LICENSE AND TECHNOLOGY TRANSFER AGREEMENTLicense and Technology Transfer Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • 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”).
Flextronics Manufacturing Services AgreementManufacturing Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • 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”).
ContractCooperation Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices
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.
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 • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • 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:
ENPHASE ENERGY, INC. AMENDED AND RESTATED VOTING AGREEMENTVoting Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • Delaware
This Amended and Restated Voting Agreement (this “Agreement”) is made and entered into as of March 15, 2010, (the “Effective Date”) by and among Enphase Energy, Inc., a Delaware corporation (the “Company”), the parties listed on Exhibit A attached hereto (the “Investors”) and the parties listed on Exhibit B attached hereto (the “Stockholders”). The Investors and the Stockholders are sometimes hereinafter collectively referred to as the “Holders.”
WARRANT TO PURCHASE COMMON STOCK OF ENPHASE ENERGY, INC.Warrant Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • California
This Warrant has been issued to Holder pursuant to that certain Subordinated Convertible Loan Facility and Security Agreement dated as of June [ ], 2011 by and among the Company, Holder and certain other parties named as “Lenders” thereunder (such agreement, as amended, amended and restated, joined, supplemented or otherwise modified from time to time, the “Loan Facility Agreement”) and constitutes one of the “Warrants” as defined therein. Any capitalized terms used in this Warrant but not otherwise defined herein shall have the meanings ascribed in the Loan Facility Agreement.
Flextronics Logistics Services AgreementLogistics Services Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices • 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”).
ContractSoftware License Agreement • August 24th, 2011 • Enphase Energy, Inc. • Semiconductors & related devices
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.
