LOAN AGREEMENT BRIGHTSOURCE IVANPAH FUNDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS BORROWER CMB INFRASTRUCTURE INVESTMENT GROUP VII, LP, A CALIFORNIA LIMITED PARTNERSHIP AS LENDER DATED AS OF NOVEMBER 21, 2011Loan Agreement • February 10th, 2012 • BrightSource Energy Inc • Electric services • California
THIS LOAN AGREEMENT (this “Agreement”) is dated as of November 21, 2011 (the “Effective Date”), and is by and among BrightSource Ivanpah Fundings, LLC, a Delaware limited liability company (“Borrower”), CMB Infrastructure Investment Group VII, LP, a California limited partnership (“Lender”), and, solely for purposes of guaranteeing Lender’s obligations under Section 4.2(b), CMB Export, LLC, a California limited liability company (“CMB Export”).
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • February 10th, 2012 • BrightSource Energy Inc • Electric services • California
Throughout this Separation and Release Agreement (“Release” or “Agreement”), the words (1) “we”, “us”, “our” and “BrightSource” refer to BrightSource Energy, Inc. and all of our subsidiaries and affiliates and our and their officers, directors, employees, agents and attorneys, and (2) “you,” “your,” and “yours” refer to you, Carlos Aguilar, and all of your heirs, successors and assigns.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 10th, 2012 • BrightSource Energy Inc • Electric services • California
THIS LOAN AND SECURITY AGREEMENT is made and dated as of October 7, 2011 and is entered into by and among BRIGHTSOURCE ENERGY, INC., a Delaware corporation (“Borrower”), certain wholly-owned Domestic Subsidiaries (as defined herein) of Borrower, as Guarantors, and HERCULES TECHNOLOGY GROWTH CAPITAL, INC., a Maryland corporation (“HTGC”) and HERCULES TECHNOLOGY III, L.P., a Delaware limited partnership (“Hercules III”) (HTGC and Hercules III, collectively, “Lender”).
