AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 24th, 2023 • SK Ecoplant Co., Ltd. • Electrical industrial apparatus
This Securities Purchase Agreement, which was initially entered into as of March 9, 2023, is hereby amended and restated as of March 24, 2023 (as amended and restated, this “Agreement”), among Econovation, LLC, a limited liability company formed under the laws of the State of Delaware (the “Company”), SK ecoplant Co., Ltd., a company formed under the laws of the Republic of Korea (the “Seller,” which shall include its capacity as the Manager of the Company), Blooming Green Energy Limited, a company formed under the laws of the Republic of Korea (the “Purchaser”), and ESG Blooming Private Equity Fund, an institutional private equity fund formed under the laws of the Republic of Korea (the “PEF”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ECONOVATION, LLCLimited Liability Company Agreement • March 24th, 2023 • SK Ecoplant Co., Ltd. • Electrical industrial apparatus • New York
This Amended and Restated Limited Liability Company Agreement (as amended or restated from time to time, this “Agreement”) of Econovation, LLC (the “Company”) is entered into as of March 24, 2023 (the “Effective Date”), by SK ecoplant Co., Ltd. (“SK” and in its capacity as a Member, the “Majority Member”) and Blooming Green Energy Limited (the “SPC,” and in its capacity as a Member, the “Minority Member” and, together with the Majority Member, the “Members,” and each a “Member”), pursuant to and in accordance with the Delaware Limited Liability Company Act (6 Del. C. § 18-101, et seq.), as amended from time to time (the “Act”).
CONTRIBUTION AGREEMENT March 23, 2023Contribution Agreement • March 24th, 2023 • SK Ecoplant Co., Ltd. • Electrical industrial apparatus • Delaware
This Contribution Agreement (this “Agreement”) is being entered into as of March 23, 2023 between Econovation, LLC, a limited liability company organized under the laws of Delaware (the “Company”), and SK ecoplant Co., Ltd., a private company limited organized under the laws of the Republic of Korea (“SK”).
AMENDMENTS TO SECURITIES PURCHASE AGREEMENT AND INVESTOR AGREEMENTSecurities Purchase Agreement and Investor Agreement • March 24th, 2023 • SK Ecoplant Co., Ltd. • Electrical industrial apparatus
This Amendment dated as of March 20, 2023 (this “Amendment”) is being entered into between SK ecoplant Co., Ltd. (the “Investor”) and Bloom Energy Corporation (the “Company”) to amend the Securities Purchase Agreement, dated as of October 23, 2021 (the “Existing SPA” and, as amended by this Amendment, the “Amended SPA”) and the Investor Agreement, dated as of December 29, 2021 (the “Existing IA” and as amended by this Amendment, the “Amended IA”), in each case, between the Investor and the Company.
SHAREHOLDER’S LOAN AGREEMENT Between Bloom Energy Corporation, as Borrower, and SK ecoplant Co., Ltd., as Lender As of March 20, 2023Loan Agreement • March 24th, 2023 • SK Ecoplant Co., Ltd. • Electrical industrial apparatus • New York
Bloom Energy Corporation, a Delaware corporation (the “Borrower”), and SK ecoplant Co., Ltd. a company formed under the laws of the Republic of Korea (the “Lender”), are entering into this Loan Agreement (this “Agreement”) as of March 20, 2023 (the “Effective Date”).
Members AgreementMembers Agreement • March 24th, 2023 • SK Ecoplant Co., Ltd. • Electrical industrial apparatus
